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Home My WebLink About01/11/24 CC Agenda Packet CITY OF CENTRAL POINT Oregon City Council Meeting Agenda Thursday, January 11, 2024 Mayor Hank Williams Ward I Neil Olsen Ward II Kelley Johnson Ward III Melody Thueson Ward IV Taneea Browning At Large Rob Hernandez At Large Michael Parsons At Large Michael Parsons I. REGULAR MEETING CALLED TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC COMMENTS Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per meeting being allotted for public comments. The council may ask questions but may take no action during the public comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda. Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The right to address the Council does not exempt the speaker from any potential liability for defamation. V. CONSENT AGENDA A. Approval of December 14, 2023 City Council Minutes VI. ITEMS REMOVED FROM CONSENT AGENDA VII. ORDINANCES, AND RESOLUTIONS A. Resolution Approving Amendment to Rogue Disposal Franchise (Clayton) B. First Reading Ordinance Amending CPMC 5.20 in Part (Dreyer) C. First Reading Ordinance Amending Chapter 9.68.030 Fires (Dreyer) VIII. PUBLIC HEARING Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item and action requested. The presiding officer may limit testimony. A. Land Use Appeal - SPAR 23002 (Gindlesperger) IX. BUSINESS A. Local City Council Committee and Board Assignments 2024 (Clayton) B. Election of 2024 Council President (Clayton) X. MAYOR'S REPORT XI. CITY MANAGER'S REPORT XII. COUNCIL REPORTS XIII. DEPARTMENT REPORTS XIV. EXECUTIVE SESSION The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XV. ADJOURNMENT Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request, please contact the City Recorder at 541-423-1015 (voice), or by e-mail to Rachel.neuenschwander@centralpointoregon.gov. Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por favor llame con 72 horas de anticipación al 541-664-3321 ext. 201 CITY OF CENTRAL POINT Oregon City Council Meeting Minutes Thursday, December 14, 2023 I. REGULAR MEETING CALLED TO ORDER The meeting was called to order at 7:00 PM by Mayor Hank Williams II. PLEDGE OF ALLEGIANCE III. ROLL CALL Attendee Name Title Status Arrived Hank Williams Mayor Present Neil Olsen Ward I Present Kelley Johnson Ward II Remote Melody Thueson Ward III Present Taneea Browning Ward IV Remote Rob Hernandez At Large Present Michael Parsons At Large Present Staff present: City Manager Chris Clayton; City Attorney Sydnee Dreyer (Remote); Police Chief Scott Logue; Parks and Public Works Director Matt Samitore; Planning Director Stephanie Powers; Human Resources Director Elizabeth Simas; and City Recorder Rachel Neuenschwander IV. SPECIAL PRESENTATIONS 1. Police Swearing in of Corporals Police Chief Scott Logue performed the swearing in of Corporal Duston Fendor, Corporal Brian Munoz, and Corporal Derek Brown. V. PUBLIC COMMENTS Crater High School of Business Student Grace Davenport presented to the Council a report on various activities of Crater High students. VI. CONSENT AGENDA A. Approval of November 16, 2023 City Council Minutes VII. ITEMS REMOVED FROM CONSENT AGENDA VIII. PUBLIC HEARING A. A Resolution of the City of Central Point Adjusting the Transportation Utility Fee Effective January 1, 2024 The Parks & Public Works Director presented to the Council a Resolution of the City 5.A Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f D e c 1 4 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes December 14, 2023 Page 2 of Central Point Adjusting the Transportation Utility Fee Effective January 1, 2024. The council had concerns about the City having looked at ways to save on costs. Mr. Samitore responded that staffing has been the same for the last 16 years and that inflation is the main driver for increasing the Transportation Utility Fee. Mayor Williams opened a Public Hearing, but no one came forward, and the Public Hearing was closed. Rob Hernandez moved to approve Resolution No 1770 a Resolution of the City of Central Point adjusting the Transportation Utility Fee effective January 1, 2024. RESULT: APPROVED [UNANIMOUS] MOVER: Rob Hernandez, At Large SECONDER: Michael Parsons, At Large AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons IX. ORDINANCES, AND RESOLUTIONS A. Second Reading of an Ordinance Amending Title 7 in Part - Public Camping City Attorney Sydnee Dreyer presented the second reading of an Ordinance Amending Title 7 in Part - Public Camping, there was a minor clarification regarding the language in section 17.01.040.B1. Kelley Johnson moved to approve Ordinance No 2108 an Ordinance Amending in part Title 7, regulating camping on public properties. RESULT: APPROVED [UNANIMOUS] MOVER: Kelley Johnson, Ward II SECONDER: Taneea Browning, Ward IV AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons B. A Resolution approving the 2024 Revised Management Compensation Plan Human Resources Director Elizabeth Simas presented a Resolution approving the 2024 Revised Management Compensation Plan to the Council. The financial impact on the City is very minimal. Melody Thueson moved to approve Resolution No 1771 a Resolution approving the 2024 Revised Management Compensation Plan. 5.A Packet Pg. 4 Mi n u t e s A c c e p t a n c e : M i n u t e s o f D e c 1 4 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes December 14, 2023 Page 3 RESULT: APPROVED [UNANIMOUS] MOVER: Melody Thueson, Ward III SECONDER: Taneea Browning, Ward IV AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons C. A Resolution Ratifying the General Services Letter of Agreement and Authorizing the City Manager to sign the Letter of Agreement. Human Resources Director Elizabeth Simas presented to the Council a Resolution Ratifying the General Services Letter of Agreement authorizing the City to update position titles wages and allow the City to seek all or partial reimbursement of Commercial Driver’s License (CDL) expenses from employees. Council questioned how enforceable the reimbursement of such fees was; Mrs. Simas responded that with it being in the Union Contract, the City could deduct the costs from the employee's final paycheck. Mike Parsons moved to approve Resolution No 1772 a Resolution Ratifying the General Services Letter of Agreement and Authorizing the City Manager to sign the Letter of Agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Michael Parsons, At Large SECONDER: Rob Hernandez, At Large AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons X. BUSINESS A. Planning Commission Report Planning Director Stephanie Powers presented to Council the Planning Commission report from the December 5, 2023 meeting. There were two items on the agenda including a quasi-judical public hearing for a Elk Creek Floodplain Development permit. The second item was a discussion about the Climate Friendly Area Study. B. Climate Friendly Area Study Planning Director Stephanie Powers presented to Council an update on the Climate Friendly Area (CFA) Study. The CFA Study identified two potential CFA boundary scenarios and included community engagement, equity analysis and anti- displacement mitigation strategy analysis. XI. MAYOR'S REPORT Mayor Williams reported that: • He attended the Medford Chamber Forum. • He attended the Tree Lighting at City Hall. • He attended the LDS Event and received a Community Service Award. XII. CITY MANAGER'S REPORT 5.A Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f D e c 1 4 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes December 14, 2023 Page 4 City Manager Chris Clayton reported that: • The Community Christmas was fantastic; the tree is leaning considerably towards the power lines, and the City Arborist said that the tree will most likely only last another year. • Monday, Sheriff Sickler will update Council on the potential new jail. • The January Council Study Session will be moved to the Monday before the first City Council Meeting in January, and Sydnee will provide training regarding land use. • A Citizen emailed regarding the City displaying a Menorah; the plan is to purchase banners for 2024 that will offer some symbols for several major religions. • He attended the Medford Chamber Forum. • The American Red Cross asked if they could honor the young man from Central Point who rescued his grandmother last month at a City Council meeting in 2024. • Public comments on Security Cameras: the majority of the comments was only to allow access to the Police Department and City Staff. • There was recent damage by a gentleman living in Pear Valley; he took out trees and vegetation in the center median on Highway 99 between Twin Creeks and the rail crossing. XIII. COUNCIL REPORTS Council Member Taneea Browning reported that: • She attended the Medford Chamber Forum. • She attended the LOC Small Cities meeting. The Spring Conference will be held at the Running Y Ranch outside of Klamath Falls. • She attended the Creekside and Bear Creek Greenway Master Plan meeting. • She attended her final Medford Water Commission meeting. Kelly requested her to take on the SOREDI meetings and she agreed to take on the Medford Water Commission Meetings. • She reminded everyone that January is the season for committee rotations and for the election of the Council President. • She attended the light parade and the tree lighting event. Council Member Kelly Johnson reported that she attended two RVCOG meetings since the October Council Meeting. Council Member Neil Olsen reported that: • He attended the Planning Commission meeting. • He attended the light parade. Council Member Rob Hernandez reported that: 5.A Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f D e c 1 4 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes December 14, 2023 Page 5 • He attended the Crater Foundation Auction in lieu of the Community Christmas Event. • He attended the Providence Festival of Trees. Council Member Mike Parsons reported that: • He attended the Regional Rate Committee Meeting as a Rogue Valley Sewer Service Board member. • He attended the study session. • He attended the Jackson County Public Policy Coordinating Council Meeting. • He participated in the Community Christmas & Lights Parade. • He attended the Planning Commission meeting. Council Member Melody Thueson reported that: • She attended the study session. • She attended the School Board Meeting. Crater will be dropping the three schools next year and going to one school • Her class released their salmon today. • Her class will be caroling tomorrow at local retirement communities. • MRE will be starting a morning show. XIV. DEPARTMENT REPORTS Chief Scott Logue Reported that: • They have two officers about to be released on their own. • Tuesday, they have a new lateral starting. • On January 2, they have a new officer starting who will attend the Academy on January 29, 2024. Planning Director Stephanie Powers reported that: • The January Planning Commission Meeting was cancelled. • The CAC will meet on January 16, 2024, to discuss code amendments. • They received two preliminary development proposals for a mobile food court and brewery on S Front St. • They received an application for a pre-application conference Phase II of Pheasant Creek Estates. • In January, they will be kicking off the project for the Climate Friendly and Equitable designation. 5.A Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f D e c 1 4 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes December 14, 2023 Page 6 • They are already preparing for the February Planning Commission meeting; they are working on the appeal for the urgent care facility, as well as a master plan and residential subdivision on the east side of the TOD. Parks and Public Works Director Matt Samitore reported that: • He thanked the Council for attending the Community Christmas Event. •  couple of incidents involving damage to infrastructure; one was at 4th and Oak, and the other was on Hwy 99 across from Twin Creeks. • They will be moving up an infrastructure project because of the application for the brewery and mobile food court. • Last week, Adroit Construction, was selected for the Community Center project. Human Resources Director Elizabeth Simas reported that: • They will be welcoming the new officer next week and doing orientation. • This is a busy time of year; they are working on year-end processes. Jackson County Commissioner Dave Dotterrer wished everyone a Merry Christmas and a Happy New Year. XV. EXECUTIVE SESSION ORS 192.660(2)(i) Employment Evaluations Mike Parsons moved to adjourn to Executive Session under ORS 192.660 (2)(i) Employee Evaluations at 8:26 p.m. Neil Olsen seconded. All said aye and the meeting was adjourned to executive session. Council returned to regular session at 8:52 p.m. A. Motion to: Approval to extend City Manager Contract. After the Council gave City Manager favorable evaluation, they discussed extending his current contract that expires December 31, 2025 another year to December 31, 2026 and increasing his salary and deferred compensation 5%. Mike Parsons made a motion to extend the term of the City Manager contract to December 31, 2026, approve an increase in salary and deferred compensation by 5%. Neil Olsen seconded. XVI. ADJOURNMENT 5.A Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f D e c 1 4 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes December 14, 2023 Page 7 Neil Olsen moved to adjourn. All said aye and the meeting was adjourned at 8:29 p.m. The foregoing minutes of the December 14, 2023, Council meeting were approved by the City Council at its meeting of _________________, 2024. Dated: _________________________ Mayor Hank Williams ATTEST: __________________________ City Recorder 5.A Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f D e c 1 4 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Administration FROM: Chris Clayton, City Manager MEETING DATE: January 11, 2024 SUBJECT: Resolution Approving Amendment to Rogue Disposal Franchise ACTION REQUIRED: Motion Resolution RECOMMENDATION: Approval BACKGROUND INFORMATION: Council is requested to consider an amendment to the Rogue Disposal Franchise Agreement. On July 18, 1996, the City of Central Point entered into a franchise agreement with Rogue Disposal, and subsequent amendments have been made to the franchise agreement. On August 12, 2021, Resolution No. 1679 was adopted authorizing execution of an amendment to the Solid Waste Collection Franchise Agreement with Rogue Disposal to extend the term to December 31, 2031, adopt a new rate schedule effective January 1, 2022, and approve a new methodology for calculating annual rate adjustments. Rogue Disposal notified staff that due to the purchase of their company by Waste Connections, Inc. they would not be able to provide the audited financial statements as per the franchise agreement that is currently effective through December 31, 2031. Audited financial statements for publicly traded companies are not able to be segregated to the division level in a manner that would comply with the current franchise agreement. Rogue Disposal and City staff discussed alternatives to the audited financial statements provided in previous years. Rogue Disposal subsequently provided a proposed addendum to the solid waste collection franchise agreement that is currently effective through December 31, 2031. City staff from Finance and Legal have reviewed the addendum and are comfortable that it provides the City with the needed information. FINANCIAL ANALYSIS: LEGAL ANALYSIS: 7.A Packet Pg. 10 The amendment would be effective retroactively for fiscal year 2022/2023. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Strategic Priority – Responsible Governance GOAL 2 - Invite Public Trust. STRATEGY 1 – Be a trusted source of factual information. STRATEGY 5 – Communicate effectively and transparently with the public. STAFF RECOMMENDATION: Make a motion to approve the Resolution. RECOMMENDED MOTION: I move to approve Resolution No. _____ a Resolution approving and authorizing an amendment to the Solid Waste Collection Franchise Agreement with Rogue Disposal and Recycling, Inc. ATTACHMENTS: 1. Addendum to City of Central Point Franchise Agreement 11-28-23 2. Resolution Approving Amendment to Agreement 7.A Packet Pg. 11 1 ADDENDUM TO SOLID WASTE COLLECTION FRANCHISE AGREEMENT This Addendum to that certain Solid Waste Collection Franchise Agreement (the "Addendum") is entered into and made effective as of fiscal year 2022/2023 (the “Addendum Effective Date”), by and between the CITY OF CENTRAL POINT (hereinafter “City”) a political subdivision of the State of Oregon, and ROGUE DISPOSAL AND RECYCLING, INC. (hereinafter “Contractor"), an Oregon corporation. The City and Contractor shall be sometimes referred to collectively as the “Parties.” RECITALS: WHEREAS, the City and Contractor entered into that certain Solid Waste Collection Franchise Agreement dated on or about July 18, 1996, as subsequently amended, (the "Agreement") which is still in full force and effect; and WHEREAS, the Parties desire to amend, clarify or restate portions the Agreement as further described herein. AGREEMENT: NOW, THEREFORE, and in consideration of these premises and such other lawful consideration, the receipt and sufficiency of which each of the parties hereto acknowledge, the parties agree as follows: 1. Definitions. As of the Addendum Effective Date, the following shall be added as a new definition to Article 1.1 of the Agreement: “Audited Financial Statement Audited Financial Statement” means audited financial information provided in Waste Connections, Inc.’s Form 10-K and quarterly Form 10-Q filings with the SEC. Copies of Waste Connections, Inc.’s periodic and annual filings are available online at www.sec.gov. Contractor is a subsidiary of Waste Connections, Inc., which is a publicly traded company whose shares trade on the New York Stock Exchange.” 2. Audited Financial Statements Throughout. As of the Addendum Effective Date, any reference to “audited financial statements” found in the Agreement, including but not limited to those found in Articles 7.2(B)(i), 7.2(B)(v), 8.1(A), 8.1(B), 8.1(E)(3), and 11.5(B) shall be amended to reflect the defined term of “Audited Financial Statement.” For the avoidance of doubt, any reference to audited financial statements throughout the Agreement shall become a defined term as found in Article 1.1. 3. Article 8.1(A). As of the Addendum Effective Date, Article 8.1(A) of the Agreement shall be deleted in its entirety and replaced with the following: “A. Audited Financial Statements; Annual Report. Contractor shall submit to the City its annual Audited Financial Statements. All such Audited Financial Statements shall be submitted no later than six (6) months following the end of the Contractor’s fiscal year. Annual Audited Financial Statements submitted by Contractor pursuant to Section 8.1 shall be audited and certified to by an independent certified public accounting firm selected by 7.A.a Packet Pg. 12 At t a c h m e n t : A d d e n d u m t o C i t y o f C e n t r a l P o i n t F r a n c h i s e A g r e e m e n t 1 1 - 2 8 - 2 3 ( 1 7 7 4 : R e s o l u t i o n A p p r o v i n g A m e n d m e n t t o R o g u e D i s p o s a l 2 the Contractor and approved by the City Manager; provided, however, the Contractor’s current certified public accounting firm shall be deemed approved unless and until the City, for good cause, notifies Contractor that such approval is revoked. Notwithstanding the foregoing, any such approval by the City shall not be unreasonably withheld, conditioned or delayed. In addition to the foregoing, an independent Certified Public Accountant, whom shall be selected by Contractor, shall conduct and provide an annual report, which shall include: (1) Total Gross Revenues received by Contractor pursuant to the Franchise Agreement during the prior calendar year; (2) Confirmation any Franchise Fee(s) have been paid in accordance with the requirements of this Agreement during the prior calendar year; (3) Any Rate increase(s) during the prior calendar year; and (4) The allocation of Gross Revenues and costs for any local operations’ rate request or financial information is based on. Such annual report shall be due to the City no later than six (6) months following the end of the Contractor’s fiscal year. The foregoing annual report and its underlying data/information shall be maintained in the strictest confidence by the City. 4. Reaffirmation. The Parties hereby reaffirm their agreement with all the terms and provisions of the Agreement as amended by this Addendum. Except as modified and amended herein, the Agreement shall be and remains in full force and effect. 5. Entire Agreement. The Agreement and this Addendum represents the entire agreement among the Parties with respect to the matters that are the subject hereof. 6. Counterparts; Facsimile Signatures. This Addendum may be executed in counterparts, each of which shall be deemed an original, but all of which shall collectively constitute one and the same instrument representing this Addendum between the parties hereto, and it shall not be necessary for the proof of this Addendum that any party produce or account for more than one such counterpart. Facsimile signatures shall he given the same force and effect as original signatures and shall be treated for all purposes and intents as original signatures. (Signature Page to Follow) 7.A.a Packet Pg. 13 At t a c h m e n t : A d d e n d u m t o C i t y o f C e n t r a l P o i n t F r a n c h i s e A g r e e m e n t 1 1 - 2 8 - 2 3 ( 1 7 7 4 : R e s o l u t i o n A p p r o v i n g A m e n d m e n t t o R o g u e D i s p o s a l 3 IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the Addendum Effective Date first written above. CONTRACTOR: ROGUE DISPOSAL AND RECYCLING, INC. An Oregon corporation By: CITY OF CENTRAL POINT: By: Attest by: ______________________________ City Recorder Approved as to Form: ______________________________________ City Attorney 7.A.a Packet Pg. 14 At t a c h m e n t : A d d e n d u m t o C i t y o f C e n t r a l P o i n t F r a n c h i s e A g r e e m e n t 1 1 - 2 8 - 2 3 ( 1 7 7 4 : R e s o l u t i o n A p p r o v i n g A m e n d m e n t t o R o g u e D i s p o s a l Resolution No. ________; Council Meeting (1/11/23) RESOLUTION NO. _______ A RESOLUTION APPROVING AND AUTHORIZING AN AMENDMENT TO THE SOLID WASTE COLLECTION FRANCHISE AGREEMENT WITH ROGUE DISPOSAL AND RECYCLING, INC. Recitals: A. On July 18, 1996, the City of Central Point entered into a franchise agreement with Rogue Disposal and Recycling, Inc. (“RDR”), and subsequent amendments have been made to the franchise agreement; B. On August 12, 2021, Resolution No. 1679 was adopted authorizing execution of an amendment to the Solid Waste Collection Franchise Agreement with RDR to extend the term to December 31, 2031, adopt a new rate schedule effective January 1, 2022, and approve a new methodology for calculating annual rate adjustments. C. RDR notified staff that due to the purchase of their company by Waste Connections, Inc. they would not be able to provide the audited financial statements as per the franchise agreement that is currently effective through December 31, 2031. D. The proposed amendment is effective retroactively for fiscal year 2022/2023. THE CITY OF CENTRAL POINT RESOLVES: Section 1. The City Council hereby approves and authorizes an amendment to the Solid Waste Collection Franchise Agreement with Rogue Disposal and Recycling, Inc. (RDR) in the form attached hereto at Exhibit “A”. Section 2. Section 2. This Resolution shall become effective immediately upon its passage by the Council and approval by the Mayor. PASSED by the Council and signed by me in authentication of its passage this ____ day of January, 2023. Mayor Hank Williams Attest: _____________________________ City Recorder 7.A.b Packet Pg. 15 At t a c h m e n t : R e s o l u t i o n A p p r o v i n g A m e n d m e n t t o A g r e e m e n t ( 1 7 7 4 : R e s o l u t i o n A p p r o v i n g A m e n d m e n t t o R o g u e D i s p o s a l F r a n c h i s e ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: City Attorney FROM: Sydnee Dreyer, City Attorney MEETING DATE: January 11, 2024 SUBJECT: First Reading Ordinance Amending CPMC 5.20 in Part ACTION REQUIRED: Motion Ordinance 1st Reading RECOMMENDATION: Approval BACKGROUND INFORMATION: City staff has historically run criminal history background checks for certain types of business licenses. However, the code was not clear when those checks would be run, what types of convictions would render a person ineligible for a license, or what forms must be provided to authorize the check. City code authorizes criminal history checks to obtain a license for door-to-door solicitation, peddling and canvassing, however, staff recommends further clarity in the city’s code on the scope of this investigation. FINANCIAL ANALYSIS: LEGAL ANALYSIS: The proposed revision ensures that standards for denial are set forth in the code, and that as a condition of the application, an applicant authorizes the city to run a criminal history background check. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: STAFF RECOMMENDATION: Move ordinance to second reading. RECOMMENDED MOTION: I move to forward to second reading an Ordinance amending in part CPMC 5.20 – Solicitors, Canvassers and Peddlers. 7.B Packet Pg. 16 ATTACHMENTS: 1. ORD - Amending Ch 5.20 Solicitors 7.B Packet Pg. 17 1 – Ordinance No. _____________ (Council Meeting __/__/24) ORDINANCE NO. _______ AN ORDINANCE AMENDING IN PART CPMC CHAPTER 5.20 – SOLICITORS, CANVASSERS AND PEDDLERS FINDINGS: A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time make revisions to its municipal code which shall become part of the overall document and citation. B. The Council finds that door-to-door solicitation, peddling and canvassing has the potential to increase risk to vulnerable populations. C. Council finds it is in the public interest to further define certain criminal history that would render an individual ineligible to obtain a license under this chapter and to clarify the process for obtaining that criminal history background check. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION 1. Central Point Municipal Code 5.20.030 Permit and license – Application - Fee is amended in part to read: A. Applicants for permit and license under this chapter must file with the city designee a sworn application in writing (in duplicate) on a form to be furnished by the city designee, which shall give the following information: 1. Name Personal identification of the applicant including date of birth, driver’s license number or other appropriate identification; 2. Permanent home address and full local address of the applicant; 3. A brief description of the nature of the business and the goods to be sold; 4. Copies of any state or county licenses which are required to operate or conduct activities proposed by the applicant. 45. If employed, the name and address of the employer, together with credentials establishing the exact relationship; 56. The length of time for which the right to do business is desired; 67. The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery; 7.B.a Packet Pg. 18 At t a c h m e n t : O R D - A m e n d i n g C h 5 . 2 0 S o l i c i t o r s ( 1 7 8 0 : F i r s t R e a d i n g O r d i n a n c e A m e n d i n g C P M C 5 . 2 0 i n P a r t ) 2 – Ordinance No. _____________ (Council Meeting __/__/24) 78. A photograph of the applicant, taken within one year immediately prior to the date of the filing of the application, which picture shall show the head and shoulders of the applicant in a clear and distinguishing manner; 89. At the option of the police chief, the fingerprints of the applicant; 910. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor A statement which confirms whether the applicant has previous criminal convictions for a felony theft or other felony or misdemeanor involving the following: fraud, moral turpitude, force or violence, including but not limited to, burglary, robbery, deceit, or any crime of violence or assault on a person such as murder, felonious or aggravated assault, aggravated menacing, illegal manufacture of drugs, patient abuse or neglect, domestic violence, rape, sexual battery, public indecency, sex trafficking, and drug trafficking (collectively referred to as disqualifying felonies and/or misdemeanors) within a ten (10) year period prior to the date of application. 11. The applicant must sign a form provided by the city authorizing the City to conduct a criminal history background check for arrests, warrants, convictions, incarcerations and/or dispositions of charges that include disqualifying felonies and/or misdemeanors within a ten (10) year period prior to the date of application. B. At the time of filing the application, a fee as set forth in the City of Central Point Business License Fee Schedule shall be paid to the city designee to cover the cost of obtaining a criminal history conviction record and investigation of the facts stated therein. (Ord. 1822 §1(part), 2001; Ord. 1443 §5, 1981; Ord. 983(part), 1970; Ord. 322 §3, 1953). SECTION 2. Central Point Municipal Code 5.20.040 Permit and license – Application investigation - Issuance is amended in part to read: A. Upon receipt of such application, the original shall be referred to the chief of police, who shall cause investigation of the applicant’s criminal record to be made. B. If the applicant is found to have been convicted of one or more felonies or one or more misdemeanors involving moral turpitude disqualifying felonies and/or misdemeanors within 10-years prior to the date of application, the chief of police shall endorse on such application a disapproval and the reasons for the same, and return the said application to the city designee, who shall notify the applicant that his application is disapproved and that no permit and license will be issued. C. If the applicant is found to have been convicted of no disqualifying felonies and/or no misdemeanors within the previous 10-years, the chief of police shall endorse on the 7.B.a Packet Pg. 19 At t a c h m e n t : O R D - A m e n d i n g C h 5 . 2 0 S o l i c i t o r s ( 1 7 8 0 : F i r s t R e a d i n g O r d i n a n c e A m e n d i n g C P M C 5 . 2 0 i n P a r t ) 3 – Ordinance No. _____________ (Council Meeting __/__/24) application an approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return said permit along with the application to the city designee who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of the fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The designee shall keep a permanent record of all licenses issued. (Ord. 1822 §1(part), 2001; Ord. 983(part), 1970; Ord. 322 §4, 1953). SECTION 3. Central Point Municipal Code 5.20.090 Permit and license – Revocation is amended in part to read: A. Permits and licenses issued under the provisions of this chapter may be revoked by the city council after notice and hearing, for any of the following causes: 1. Fraud, misrepresentation or false statement contained in the application for license; 2. Fraud, misrepresentation or false statement made in the course of carrying on the business as solicitor, canvasser or peddler; 3. Any violation of this chapter; 4. Conviction of any disqualifying felony and/or or of any misdemeanor involving moral turpitude; or 5. Conducting the business of soliciting, canvassing or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace. B. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed postage prepaid to the licensee’s last known address at least five days prior to the date set for hearing. (Ord. 1822 §1(part), 2001; Ord. 983(part), 1970; Ord. 322 §9, 1970). SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. 7.B.a Packet Pg. 20 At t a c h m e n t : O R D - A m e n d i n g C h 5 . 2 0 S o l i c i t o r s ( 1 7 8 0 : F i r s t R e a d i n g O r d i n a n c e A m e n d i n g C P M C 5 . 2 0 i n P a r t ) 4 – Ordinance No. _____________ (Council Meeting __/__/24) SECTION 5. Effective Date. The Central Point City Charter states that an ordinance enacted by the Council shall take effect on the thirtieth day after its enactment. The effective date of this ordinance will be the thirtieth day after the second reading. PASSED by the Council and signed by me in authentication of its passage this ____ day of _________________ 2024. ___________________________________ Mayor Hank Williams ATTEST: __________________________________ City Recorder 7.B.a Packet Pg. 21 At t a c h m e n t : O R D - A m e n d i n g C h 5 . 2 0 S o l i c i t o r s ( 1 7 8 0 : F i r s t R e a d i n g O r d i n a n c e A m e n d i n g C P M C 5 . 2 0 i n P a r t ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: City Attorney FROM: Sydnee Dreyer, City Attorney MEETING DATE: January 11, 2024 SUBJECT: First Reading Ordinance Amending Chapter 9.68.030 Fires ACTION REQUIRED: Motion Ordinance 1st Reading RECOMMENDATION: Approval BACKGROUND INFORMATION: On July 13, 2023 the City adopted Ordinance No. 2103 which provided time place and manner regulations for camping on public property to comply with state law and federal case law. As part of that Ordinance, the City modified certain provisions regulating camping in City parks, and the use of fire in city parks, in particular, CPMC 9.68.030 which provides that no fires are permitted in a City park. Several of the city’s parks contain permanent bar-b-que structures. Additionally, the city may at times allow an individual to bring a portable cooking device into a city park in connection with a special event permit. The purpose of the proposed amendment is to clarify that fires are prohibited in city parks, and the greenway, unless contained within a city bar-b-que or similar structure provided by the city, or authorized in conjunction with a special event permit. FINANCIAL ANALYSIS: LEGAL ANALYSIS: The proposed revision is consistent with Chapter 7 which states that fires are not permitted in city parks unless authorized by fire district no. 3 and the city. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Strategic Priority – Responsible Governance Goal 6: Prepare as a resilient city with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose the greatest risk. 7.C Packet Pg. 22 STAFF RECOMMENDATION: Move to forward the ordinance to second reading. RECOMMENDED MOTION: I move to forward the Ordinance amending CPMC 9.68.030 Fires to a second reading. ATTACHMENTS: 1. Ordinance Amending 9.68.030 Fires 7.C Packet Pg. 23 1 – Ordinance No. _____________ (Council Meeting __/__/24) ORDINANCE NO. _______ AN ORDINANCE AMENDING CPMC 9.68.030 - FIRES FINDINGS: A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time make revisions to its municipal code which shall become part of the overall document and citation. B. On July 13, 2023, the City of Central Point adopted Ordinance No. 2103 which provided time place and manner regulations for camping on public property to comply with state law and federal case law. As part of that Ordinance, the City modified certain provisions regulating camping in City parks, and the use of fire in City parks. C. Staff has determined that a further revision to Chapter 9.68.030 is necessary to avoid inconsistency. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION 1. Central Point Municipal Code 9.68.030 Fires is amended in part to read: A. No person shall build, light or maintain any fire within a city park, as provided in CPMC 7.01.040(B)(4) and CPMC 8.32.050.H, except within bar-b-que or fire pits or similar receptacles provided by the City for this purpose in a City park, or unless authorized as part of a special event permit under CPMC Chapter 5.42. B. No person shall leave a fire unattended while in a city park, and no person shall leave a city park before completely extinguishing any fire built, lighted or maintained by himself in any such park. C. No person shall build, set or maintain any fire so near to any pile of wood, underbrush, log, snag or stump as to constitute an immediate hazard to such wood, underbrush, log, snag or stump in a city park. C. Any person using a City bar-b-que or fire pit, or other cooking device pursuant to a Special Event Permit, must take reasonable precautions to ensure the fire is contained within the designated receptacle, take immediate action to carry out any fire control, and report a fire if it does escape. SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C) 7.C.a Packet Pg. 24 At t a c h m e n t : O r d i n a n c e A m e n d i n g 9 . 6 8 . 0 3 0 F i r e s ( 1 7 7 9 : F i r s t R e a d i n g O r d i n a n c e A m e n d i n g C h a p t e r 9 . 6 8 . 0 3 0 F i r e s ) 2 – Ordinance No. _____________ (Council Meeting __/__/24) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. SECTION 3. Effective Date. The Central Point City Charter states that an ordinance enacted by the Council shall take effect on the thirtieth day after its enactment. The effective date of this ordinance will be the thirtieth day after the second reading. PASSED by the Council and signed by me in authentication of its passage this ____ day of _________________ 2024. ___________________________________ Mayor Hank Williams ATTEST: __________________________________ City Recorder 7.C.a Packet Pg. 25 At t a c h m e n t : O r d i n a n c e A m e n d i n g 9 . 6 8 . 0 3 0 F i r e s ( 1 7 7 9 : F i r s t R e a d i n g O r d i n a n c e A m e n d i n g C h a p t e r 9 . 6 8 . 0 3 0 F i r e s ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Community Development FROM: Justin Gindlesperger, Community Planner II MEETING DATE: January 11, 2024 SUBJECT: Land Use Appeal - SPAR 23002 ACTION REQUIRED: Motion Public Hearing Resolution RECOMMENDATION: None Forwarded BACKGROUND INFORMATION: Council is requested to consider an appeal of the Planning Commission (Commission) decision to conditionally approve a Site Plan and Architectural Review Application for a Medical Office/Urgent Care Facility on Lands within the Thoroughfare Commercial (C-5) Zoning District Subject to Conditions of Approval. The project site is located at 4404 Biddle Road, which is identified on the Jackson County Assessor’s Map as 37S 2W 01C, Tax Lot 701. The Appellant, who is also the applicant, provided the following as the basis for the appeal: 1. “condition potentially blocking connectivity from project site to surrounding neighborhoods”; and, 2. “unlawful exaction by requiring right-of-way dedication and additional road construction when such road construction does not connect to the street system, thus lacking nexus as required by Dolan v. City of Tigard”. The Appellant does not indicate what relief it is looking for in its notice of appeal, but it would appear that the Appellant challenges the following condition imposed by the Commission: “to allow the existing K-rails on Orchardview Avenue and Ridgeway Avenue to remain in the right- of-way during construction until such time the Public Works Department completes an analysis for City Council to consider future connectivity and emergency access.” Staff disagrees with the basis for the Appellant’s appeal. In staff’s opinion, the Council can find that there was substantial evidence in the record to support the Commission’s conditional approval of the application, and the Commission did not err as a matter of law in approving the application subject to this condition. Staff recommends that the Council affirm the Commission’s decision. In the alternative, if the Council determines the condition regarding Orchardview Avenue and Ridgeway Avenue is not necessary, Council may modify the Commission’s decision and remove this condition. 8.A Packet Pg. 26 VICINITY MAP: FINANCIAL ANALYSIS: LEGAL ANALYSIS: Staff sets forth a detailed analysis in the Appeal Report attached hereto. A brief summary is set forth below: 1. “condition potentially blocking connectivity from project site to surrounding neighborhoods” Response: The Appellant failed to meet the requirements for a Notice of Appeal under CPMC 17.05.550.A.2.c.iii as it failed to set forth the basis of this alleged error. There is no information as to whether the appellant argues there was insufficient evidence to support this condition, or whether it contends the Commission erred as a matter of law. Nor is it clear what relief the Appellant seeks. The Argument was not preserved as the Appellant failed to raise this issue with sufficient specificity to allow the Commission to respond to the issue. There was sufficient evidence in the record to support the Commission’s decision, and the Commission did not err as a matter of law. Conclusion for Argument No. 1: Based on the analysis contained in the Appeal Report, the Council can find that the issue was not properly raised in the notice of appeal and/or was not adequately preserved and that the Commission did not err in conditionally approving the subject application and therefore the decision of the Commission can be affirmed. 2. “unlawful exaction by requiring right-of-way dedication and additional road construction when such road construction does not connect to the street system, thus lacking nexus as required by Dolan v. City of Tigard”. Response: The Argument was not preserved as the Appellant failed to raise this issue with sufficient specificity to allow the Commission to respond to the issue. Additionally, the condition to dedicate and improve the right-of-way was approved in a prior, unappealed, decision, and this appeal amounts to a collateral attack on the prior decision. 8.A Packet Pg. 27 There was sufficient evidence in the record to support the Commission’s decision, and the Commission did not err as a matter of law. Conclusion for Argument No. 2: Based on the analysis contained in the Appeal Report, the Council can find that the issue was not adequately preserved and/or amounts to a collateral attack on a prior approval and that the Commission did not err in conditionally approving the subject application and therefore the decision of the Commission can be affirmed. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: STAFF RECOMMENDATION: Council can affirm the Commission decision or modify the Commission decision to remove the condition regarding Orchardview Avenue and Ridgeway Avenue. An alternative draft Resolution to Affirm and a draft Resolution to Modify have been included. RECOMMENDED MOTION: To affirm the decision: I move to approve the Resolution to Affirm the Decision of the Planning Commission as presented, per the findings identified therein. To modify the decision: I move to approve the Resolution to Modify the Decision of the Planning Commission as presented, per the findings identified therein. Exhibits: Appeal Report dated January 11, 2024, including attachments 1-3 thereto. Draft Resolution to Affirm. Draft Resolution to Modify. Record: A link to the complete record below can be found at: https://www.centralpointoregon.gov/cd/project/urgent-care-medical-facility The record may also be reviewed in the Community Development Department. ATTACHMENTS: 1. Appeal Report (SPAR-23002) 2. Reso Affirming PC Decision 3. Reso Modifying PC Decision SPAR 23002_Final 8.A Packet Pg. 28 Appeal Report Site Plan and Architectural Review: Medical Office/Urgent Care File No. SPAR-23002 January 11, 2023 Item Summary Consideration of an appeal of Planning Commission Resolution No. 913, a Resolution Approving a Site Plan and Architectural Review Application for a Medical Office/Urgent Care Facility on Lands within the Thoroughfare Commercial (C-5) Zoning District Subject to Conditions of Approval. The project site is located at 4404 Biddle Road, which is identified on the Jackson County Assessor’s Map as 37S 2W 01C, Tax Lot 701. Applicant: 814 Services, LLC (Daniel Harris) Associated File(s): PAR-23001 Staff Source Justin Gindlesperger, AICP, Community Planner III Background On September 5, 2023, the Planning Commission conducted two separate public hearings for the following consolidated applications:  Tentative Partition Plan (PAR-23001) to divide 3.19 acre property into two (2) parcels as necessary to convey 0.6 acres (Proposed Parcel 1) for construction of a medical office/urgent care facility in the Commercial Thoroughfare (C-5) zone; and reservation of Parcel 2 for future development. Testimony was received in favor and opposition to the proposed land division. Fire District #3 (FD3) supported the proposal due to the creation of a new street section with connections to Orchardview and Ridgeway Avenue. Residents living in the Central Point East neighborhood opposed the proposed land division due to the new street and connectivity with the local residential streets. The opposition testimony expressed concerns about increased traffic and subsequent impacts on quality of life and safety. The Tentative Partition was unanimously approved by the Planning Commission via Resolution No. 912. The decision included conditions of approval requiring that prior to final plat the applicant must dedicate right-of-way for the new commercial street, Urgent Care Avenue, as necessary to provide access to the parcels being created and “construct the proposed Urgent Care Avenue to City Street Standards with the proposed connection to Orchardview and Ridgeway Avenue in compliance with Public Works Standard Specifications and Uniform Details for Construction” (the “Public Works Standards”). No appeals were filed to the Planning Commission’s decision, which became final on September 23, 2023.  Site Plan and Architectural Review (SPAR-23002) to develop Proposed Parcel 1 with a 3,200 square foot medical office/urgent care facility together with off-street parking, landscaping, lighting and other site improvements. The proposed site development was 8.A.a Packet Pg. 29 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) supported by FD3 due to the street connectivity and opposed by the residents in Central Point East primarily due to the street connectivity issue. After hearing substantial testimony and evidence from the participants, including suggestions to slow, limit or prevent traffic from using residential streets, the Planning Commission continued the public hearing until October 3, 2023 and November 7, 2023 to allow additional time for staff to evaluate the issues around street connectivity. On November 7, 2023, staff presented the testimony and evidence submitted since the September meeting and recommended that the Site Plan and Architectural Review application be approved without any conditions related to limiting street connectivity. Staff’s recommendation was based on the following: 1) the street connections were approved and conditioned as part of the Tentative Partition Plan approval, which was not appealed; 2) the Public Works Department has the authority to manage the right-of-way rather than the Planning Commission; and 3) deviation from the Public Works Standards, to limit or close access to a public street, is a policy decision that may be made by the City Council, but is not within the scope of the land use criteria on Site Plan and Architectural Review. During the meeting Public Works testified that it would agree to study local street traffic after Urgent Care Avenue is constructed and the clinic is operational, and would present the study findings to the City Council. If Public Works finds that any deviation to, or modification of, the Public Works Standards is advisable, it would recommend to the Council that it direct those changes. Until the study is completed, and a recommendation is made to Council, Public Works stated it would retain the existing K-rails in the right-of- way on Orchardview and Ridgeway Avenue as needed to temporarily keep the streets closed to vehicular traffic. In accordance with CPMC 17.72 and the evidence in the record, the Planning Commission unanimously approved Resolution No. 913 with an added condition of approval, made by duly seconded motion, directing Public Works to complete the study and maintain existing K-rails on Orchardview and Ridgeway Avenue as presented during the public hearing (Attachment 1). Issues on Appeal before the City Council (Notice of Appeal, Attachment 3) An appeal of the Planning Commission’s decision was filed by Hornecker Cowling, LLP on behalf of the Applicant, 814 Services, LLC (Attachment 3). The appellant provides the following as the basis for appeal: 1. “condition potentially blocking connectivity from project site to surrounding neighborhoods”; and, 2. “unlawful exaction by requiring right-of-way dedication and additional road construction when such road construction does not connect to the street system, thus lacking nexus as required by Dolan v. City of Tigard”. Council Scope of Review The Council’s scope of review is listed in CPMC 17.05.550.B as follows: Scope of Appeal. Type II and Type III appeals shall be on the record, which means the appeal is limited to the application materials, evidence, documentation, and specific issues raised in the initial proceeding. The decision maker shall not reexamine issues of fact and shall limit its 8.A.a Packet Pg. 30 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) review to determining whether there is substantial evidence in the record to support the findings of the initial decision maker who heard the matter, or to determining whether errors of law were committed by such decision maker. Review shall in any event be limited to those issues set forth in the notice of appeal. The appellant is precluded from raising an issue on appeal if he or she could have raised the issue before the initial decision maker but failed to do so. Central Point Municipal Code Criteria The approval criteria for Site Plan and Architectural Review are governed by CPMC 17.72.040. The subject appeal appears to address potentially two of those criterion: 17.72.040.E: “The proposal complies with the City of Central Point Department of Public Works Standard Specifications and Uniform Standard Details for Public Works Construction.” 17.72.040.F: “The proposal provides for accessible and sufficient fire fighting facilities necessary to provide for the reasonable safety of life, limb and property, including, but not limited to, suitable gates, access roads and fire lanes so that all buildings on the premises are accessible to fire apparatus.” Notice of Appeal The Notice of Appeal does not contain the information required in CPMC 17.05.550.A.2.c.iii. which provides: Content of Notice of Appeal. The notice of appeal shall contain: A statement explaining the specific issues being raised on appeal. If the appellant contends that the findings of fact made by the approving authority are incorrect or incomplete, the notice shall specify the factual matters omitted or disputed. If the appellant contends that the decision is contrary to ordinance, statute or other law, such errors shall be specifically identified in the notice along with the specific grounds relied upon for review; The Notice of Appeal (Attachment 3) cites two issues raised on appeal. With regard to the first issue: “condition potentially blocking connectivity from project site to surrounding neighborhoods”, the appellant does not provide any information as to whether the findings of fact made by the Planning Commission were incorrect or incomplete as it relates to these issues, or whether the decision was contrary to ordinance, statute or other law, nor does the appellant provide the specific grounds relied upon for review. The failure to identify these issues is a violation of City code requirements. With regard to the second issue on appeal: “unlawful exaction by requiring right-of-way dedication and additional road construction when such road construction does not connect to the street system, thus lacking nexus as required by Dolan v. City of Tigard” appellant seems to limit its appeal to the argument that this condition is in violation of the Dolan case law as it lacks a nexus to this project. Based on the foregoing, Appellant failed to comply with the notice requirements for issue number 1, which is a jurisdictional requirement, and as such, the first issue has not been adequately preserved for appeal. 8.A.a Packet Pg. 31 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Legal Analysis – Issues on Appeal Issue No. 1. Condition Potentially Blocking Connectivity to Surrounding Neighborhoods. Staff Response: a. Failure to Raise Issue in Notice of Appeal. As explained above, the Appellant did not properly raise this issue in its Notice of Appeal under CPMC 17.05.550.A.2.c.iii. b. Preservation of Issue. Even if the Appellant complied with the City’s Notice of Appeal requirements, the Appellant failed to preserve this issue in the proceedings below. In accordance with ORS 197.797(5)(c), failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue. A review of the record finds that the Appellant did not preserve the issue of limiting street connectivity in the proceedings below. In particular, the Appellant did not raise concerns or otherwise object to temporary or permanent closure of the streets. In fact, the Appellant’s testimony was in favor of eliminating the street connectivity. The Appellant stated the anticipated traffic impacting the local streets was very low indicating a lack of need for connectivity (September 5th Meeting, Recording time: 2:16:15). Additionally, the Appellant stated (September 5th Meeting, Recording Time: 2:15:36) that he was advised to provide the new street connections for emergency services and, if emergency services does not require or need the connectivity, the applicant was willing to revise its plan (to remove those connections). After extensive discussion during the public hearing between September 5th and November 7th, the Appellant did not raise objections, provide testimony or evidence that would allow the Planning Commission to respond to this issue. Based on evaluation of the record, staff finds that the Appellant did not preserve the issue of street connectivity as required per ORS 197.797(5)(c). c. There was sufficient evidence in the record to support the Planning Commission’s decision, and the Planning Commission did not err as a matter of law. For the sake of argument, even if the Appellant properly raised this issue in its notice of appeal, and preserved the issue in the proceedings below, staff finds that the Planning Commission was within the scope of its authority in approving the site plan subject to a condition that the street connections to Orchardview and Ridgeway Avenue be temporarily blocked during construction of the project. The Planning Commission, when acting in a quasi-judicial manner, considers evidence and testimony relative to a land use application’s demonstrated compliance with the approval criteria and standards. In this case, the Planning Commission considered a medical office/urgent care facility and associated site improvements 8.A.a Packet Pg. 32 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) based on demonstrated compliance with the approval criteria in CPMC 17.72.040 concerning Site Plan and Architectural Review. These criteria include compliance with the Design and Development Standards in CPMC 17.75, the Public Works Standard Specifications and Uniform Details, and provision of adequate fire access and suppression facilities. There was substantial evidence in the record to support the connection between Urgent Care Avenue and the existing stubbed streets, Orchardview and Ridgeway Avenue. As such, the Public Works Department recommended standard connectivity. However, per Public Works Standard 320.000.000, the Public Works Department has authority to manage the City’s rights-of-way. As the managing agency of the City’s streets, Matt Samitore, City of Central Point’s Public Works Director, testified that the Public Works Department was willing to conduct a review of local traffic 60-days post opening of the clinic. Based on that review, the Public Works Department would determine if access restrictions/traffic calming are needed, and if so, the Public Works Department could make recommendations to the City Council for a proposed deviation from full connectivity, which if the Council were to approve it, could be implemented at that time. In the interim, the Public Works Department testified that the existing, temporary K-rails, could continue to be utilized pending completion of construction on the project. Based on the expert testimony in the record from the Public Works Department, the Planning Commission included the stipulation of the Public Works Department as a condition of approval. Such a condition does not block vehicular street connectivity to Orchardview and Ridgeway Avenue on a permanent basis, and, pedestrian and bicycle connectivity between those streets currently exists. Moreover, this condition was not in error as a matter of law given that the Public Works Department has authority to manage City right-of-way. This includes street closures, alignment changes, vacations, etc. as needed to maintain the street system in accordance with adopted policies, regulations and standards. Lastly the condition defers any legislative action to the City Council as required by City Charter. Conclusion for Issue No. 1: The City Council can find that the applicant failed to preserve this issue and/or did not properly raise the issue in its notice of appeal. In the alternative, the Council can find there was substantial evidence in the record to support the imposition of the condition to temporarily allow the K-rails to remain in place pending further analysis by the Public Works Department and that the Planning Commission did not err as a matter of law in imposing this condition. Based on the foregoing, the Council can affirm the Planning Commission’s decision to approve the Site Plan Application, subject to the condition regarding the future study of the Ridgeway/Orchardview intersections. In the alternative, the City Council can find that the condition imposed by the Planning Commission was not necessary given that it simply serves to restate the authority of the Public Works Department and City Council to carry out their respective scope of authority to protect the public health, safety and general welfare as it relates to management of the right-of-way. In such event, the Council may modify the decision of the Planning Commission in part to remove the condition requiring the Public Works Department to study the intersections and bring back a 8.A.a Packet Pg. 33 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) recommendation to the Council. Issue No. 2. Unlawful Exaction by Requiring Right-of-Way Dedication and additional Road Construction without Connection to Street System in violation of Dolan. Staff Response: a. Preservation of Issue. This issue attempts to appeal a condition that was approved under a separate application, Tentative Partition Plan (PAR-23001). No appeals were filed objecting to the condition requiring right-of-way dedication and/or street construction and it is outside the scope of the Site Plan and Architectural Review decision, and amounts to a collateral attack on the prior decision. Moreover, as discussed above, the Appellant failed to preserve this issue in the proceedings below with sufficient specificity to allow the Planning Commission to respond to this issue. In particular, the Appellant’s testimony seemed to support limiting connectivity of Urgent Care Avenue to Orchardview or Ridgeway Avenue, and the Appellant did not indicate it had objections to any such limited connections. (See staff summary in Issue No. 1 above). Based on the foregoing, staff finds this issue was not preserved and/or amounts to an illegal collateral attack on a prior decision. b. The Planning Commission did not err as a matter of law. Even if the Appellant can be found to have preserved this issue in the proceedings below, the Planning Commission’s decision on the Site Plan and Architectural Review is not an unlawful exaction. The Planning Commission’s decision did not reverse or otherwise affect the requirement to construct and connect the new street with the adjoining local streets in accordance with the Public Works Standards, nor does it prevent connectivity of Urgent Care Avenue to the “street system”. The grounds for Appellant’s appeal is unclear as it was not set forth in any detail in its notice. Appellant appears to argue that because the Planning Commission imposed a condition requiring the Public Works Department to study local traffic following opening of the clinic, and to potentially recommend to Council deviations from Public Works Standards to address traffic concerns, that the condition amounted to an unlawful exaction as there was no nexus to the project. In order for the City to exact a dedication requirement, there must be an “essential nexus” between the legitimate governmental interests and the exaction imposed. Nollan v. California Coastal Comm’n, 483 U.S. 825, (1987). Further, there must be rough proportionality between the exaction and the projected impact of the development. Dolan v. City of Tigard, 512 U.S. 374 (1994). It is unclear from Appellant’s notice of appeal whether the Appellant challenges the nexus between the City’s interest in providing connectivity, or the proportionality of the exaction to the impacts of the development. As noted above, and in the proceedings below, the City required the dedication and improvement of the new Urgent Care Avenue as part of the process to partition the lot into two parcels. Findings and evidence were included in the partition regarding the need for this road to provide access to both the current project (Parcel 1) and the future 8.A.a Packet Pg. 34 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Parcel 2, given that no new driveways will be permitted on Biddle Road to serve the subject property. That condition was not appealed, nor was it modified in the subject site plan review for the urgent care facility. The requirement for connectivity is based upon the Public Works Standards, as noted in the record in the proceedings below. There was evidence in the record that the neighboring Orchardview and Ridgeway Avenue were planned to connect to the new street, that the traffic from the project can be adequately accommodated through the new road and the existing street system, and that the additional accesses are important from an emergency access standpoint. As a condition of the site plan review, the Planning Commission agreed to allow the temporary K-rails to remain in place throughout the construction of the new facility, and to provide that the Public Works Department will study the intersections and make recommendations in the future as to any traffic calming that may be advisable at that time. Allowing the K-rails to remain while the project is being constructed is not inconsistent with the requirement to make this connection given that: pedestrian and bicycle access are currently available from the new street to Orchardview and Ridgeway Avenue; the K-rails are temporary and can be removed by the City at any time; the new road will provide access to future parcel 2, as well as the subject parcel; and the new road connects to Biddle Road, which is part of the street system. Conclusion for Issue No. 2: The City Council can find that the Planning Commission did not err as a matter of law by requiring right of way dedication and additional road construction, while allowing the K- rails to temporarily remain in place for the reasons that: 1) the new access road is the only access to the newly created parcels; 2) the new access road was conditioned in a prior application and that conditional approval was not appealed; 3) the new access road continues to have connection to the City’s street system as it connects to Biddle Road, provides pedestrian and bicycle access to Orchardview and Ridgeway Avenue, and in the future, can provide vehicular access to Orchardview and/or Ridgeway Avenue. Based on the foregoing, the Council affirms the Planning Commission’s decision. In the alternative, the City Council can find that the condition imposed by the Planning Commission was not necessary given that it simply serves to restate the authority of the Public Works Department and City Council to carry out their respective scope of authority to protect the public health, safety and general welfare as it relates to management of the right-of-way at this location. In such event, the Council may modify the decision of the Planning Commission in part to remove the condition requiring the Public Works Department to study the intersections and bring back a recommendation to the Council. Council Options In an appeal of a Type III land use decision, the Council has four (4) options: 1. Affirm the decision of the Planning Commission to Approve Resolution No. 913. If the Council affirms the Planning Commission’s decision and keeps the condition of approval, it must specify the basis for its decision. 8.A.a Packet Pg. 35 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 2. Modify the decision of the Planning Commission to remove the condition of approval imposed by the Planning Commission requiring Public Works to temporarily keep Orchardview and Ridgeway Avenue closed until Public Works presents the results of a local street traffic study for consideration and policy decision by the City Council. If the City Council modifies the Planning Commission’s decision the Council must specify the reasons for the modification. 3. Remand the decision back to the Planning Commission with an explanation of the error and the action necessary to rectify the error. Remand is not advised due to 1) the fact that the application and issues raised were given substantial consideration during the public hearing and, 2) doing so would exceed the 120-day rule unless the applicant concurs and agrees to extend the 120-day limit to resolve the issue. 4. Reverse the Decision of the Planning Commission to Approve Resolution No. 913. Reversal is not recommended as there was substantial evidence in the record to support approval of the application, and reversal of the decision is beyond the scope of the appeal. However, if Council were to reverse the decision, it must specify the reasons for the reversal and would need to make findings for why the criteria are not met. Staff Recommendation Staff recommends the Council affirm the decision of the Planning Commission on the basis that there was substantial evidence in the record to approve the site plan application and Planning Commission did not err as a matter of law in conditioning the approval upon the temporary closure of Orchardview and Ridgeway Avenue with Urgent Care Avenue pending further review by the Public Works Department as: the City has authority to manage its rights of way; the condition does not block vehicular street connectivity to Orchardview and Ridgeway Avenue on a permanent basis; pedestrian and bicycle connectivity between those streets currently exists; the dedication and improvement of Urgent Care Avenue is necessary to provide access to the two new parcels; the dedication and improvement of the roadway was not before the Planning Commission as part of the site plan application; there was an essential nexus between the reasonable governmental interest in connectivity and the condition to dedicate and improve Urgent Care Avenue; and the dedication and improvement of Urgent Care Avenue is roughly proportional to the establishment of the urgent care clinic and the provision of access to the site. Attachments Attachment 1 – Planning Commission Resolution No. 913, including all attachments thereto. Attachment 2 – Staff Report dated November 7, 2023 (with Attachments “A” – “S”). Attachment 3 – Notice of Appeal – Hornecker Cowling LLP, dated November 21, 2023. 8.A.a Packet Pg. 36 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 37 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 38 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 39 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 40 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 41 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 42 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 43 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 44 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 45 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 46 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 47 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 48 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 49 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 50 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 51 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 52 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 53 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 54 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 55 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 56 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 57 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 58 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 59 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 60 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 61 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 62 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 63 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 64 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 65 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 66 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 67 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 68 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 69 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 70 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 71 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 72 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 73 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 74 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 75 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 76 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 77 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 78 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 79 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 80 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 81 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 82 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 83 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 84 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 85 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 86 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 87 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 88 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 89 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 90 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 91 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 92 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 93 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 94 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 95 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 96 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 97 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 98 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 99 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 100 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 101 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 102 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 103 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 104 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 105 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 106 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 107 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 108 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 109 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 110 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 111 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 112 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 113 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 114 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 115 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 116 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 117 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 118 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 119 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 120 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 121 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 122 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 123 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 124 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 125 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 126 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 127 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 128 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 129 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 130 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 131 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 132 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 133 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 134 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 135 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 136 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 137 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 138 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 139 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 140 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 141 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 142 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Staff Report Public Hearing Medical Office Building / Urgent Medical Care Site Plan and Architectural Review - File No. SPAR-23002 1759 November 7, 2023 November 7, 2023 Item Summary Consideration of a proposed 3,200 square foot medical office building and site improvements that include constructing a new public street to provide access to the site. The 3.19-acre site is located at 4404 Biddle Road and is identified on the Jackson County Assessor’s map as 37S 2W 01C, Tax Lot 701. Applicant/Agent: 814 Services, LLC (Daniel Harris) Associated Files: PAR-23001 Staff Source Justin Gindlesperger, Community Planner III Background The Applicant is requesting Site Plan and Architectural Review approval to construct and operate a 3,200 square foot medical office/urgent care facility at 4404 Biddle Road near the intersection of Biddle and Table Rock Road. On September 5, 2023, the Planning Commission approved a tentative partition plan (Resolution No. 912) to divide the property into two (2) separate parcels and construct a Local Street along the west and north property boundaries with connectivity to Orchardview and Ridgeway Avenue. Proposed Parcel 1 is approximately 0.6 acres on the west side of the property and is the location for the proposed medical office/urgent care development (“Project Site”). Proposed Parcel 2 is 2.59 acres and is developed with an existing residence. At this time, there are no plans to develop Parcel 2. The purpose the Site Plan and Architectural Review application is to assure the proposed site and building design are consistent with the land use and development standards for the City in accordance with CPMC 17.72, Site Plan and Architectural Review. Subsequent to approval of the tentative plan, the Planning Commission conducted a duly noticed public hearing for the Site Plan and Architectural Review application to develop the medical office/urgent care facility together with parking, landscaping and any deferred public improvements required for the land division (PAR-23001). Public testimony was received during the public hearing in opposition to the proposal based on the following concerns: · The proposed commercial use may be incompatible with and cause negative impacts to the adjoining residential neighborhood; and, · The new street connections from Biddle Road to Orchardview and Ridgeway Avenue are likely to result in increased traffic from vehicles and pedestrians that could result in reduced neighborhood safety and a decline in quality of life currently experienced in the 7.A Packet Pg. 4 8.A.a Packet Pg. 143 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) neighborhood. Fire District #3 (FD3) provided testimony in support of the application citing the need for additional points of egress for fire evacuation. Fire District #3 submitted evidence into the record indicating that the Fire Code requires two (2) points of egress when there are 30 or more homes and that the residential neighborhood referred to as, “Central Point East” has only two full movement intersections allowing egress (Beebe Road and Meadowbrook Drive) and one limited point of egress (Brookhaven) serving 300 homes. FD3 indicated that its support for the project was based upon the additional egress onto Biddle Road this project would provide. Specifically, FD3 stated that the additional connections and egress are needed to alleviate congestion and delayed evacuation that was observed during the 2020 Almeda Fires at this location. Fire District #3 noted that lack of Fire Wise landscaping in Central Point East could contribute to increased fire risk to life and property in the event of another wildland/urban interface fire. One resident expressed disagreement with evidence brought forward by FD3. Due to the late hour, the Planning Commission continued the public hearing to October 5, 2023 as necessary for staff and agencies to explore options concerning the street connectivity and fire risk issues raised. At the October 5, 2023 meeting, the Planning Commission received testimony from one individual before continuing the hearing to November 7, 2023 to allow for additional time. This action was supported by a request by the Applicant to extend the 120-day Rule (Attachment “O”). At the November 7, 2023 Planning Commission meeting, staff will discuss the public testimony received since the September 5th meeting as well as an additional report from the Public Works Department regarding connectivity and staff’s recommendations for the Planning Commission’s consideration based on evidence in the record and the criteria for Site Plan and Architectural Review set forth in CPMC 17.72.040. Project Description: Site Design: The Site Plan (Attachment “A-1”) depicts the location of the structure along with proposed parking, service and stormwater areas. The Landscape Plan (Attachment “A-2”) depicts proposed landscape areas along street frontages, around the perimeter of the site and within the parking lot. Access: The Applicant proposes to construct a public street as part of the tentative partition that will provide primary access to the Project Site. The proposed street will connect with existing streets from the adjacent development. Street trees and landscaping will be provided within the landscape rows as shown on the Landscape Plan (Attachment “A-2”) and as conditioned. As noted in the Fire District No 3 Staff Report (Attachment “E”), the connections to the existing streets will improve emergency access to the adjacent neighborhood and improve evacuation routes in the event of an emergency. Additionally, the street connectivity is necessary to satisfy the Public Works Standard Specifications for street construction (Attachment “S”). Building Design: As depicted on the Building Plans (Attachment “A-4”), the proposed building features a recessed entrance, windows, exposed exterior columns oriented westward towards the new street. Material articulation includes changes in colors and material to provide visual interest and scale. Varied rooflines, including projecting parapets and cornices, are used to break up massing and vertical orientation. Building facades and wall faces that do not provide adequate transparency provide additional design elements as required per CPMC 17.75.042(A)(4). 7.A Packet Pg. 5 8.A.a Packet Pg. 144 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Maximum building height is 18-feet, below the maximum of 35-feet in the C-5 zoning district. Issues There are three (3) issues relative to this application as follows: 1. Off-Street Parking. The proposed parking plan exceeds the maximum allowable off- street parking by 12 spaces. The land development code sets forth maximum parking standards for professional offices, including medical offices. The maximum allowable off- street parking ratio is 1 space per 250 square feet of Gross Floor Area which is equivalent to 13 spaces. The proposed site plan includes 25 off-street parking spaces. Comment: The Planning Commission may authorize an increase to the maximum parking allowance in accordance with CPMC 17.64.040(C), which requires submittal of a Parking Demand Analysis. The Applicant’s TIA (Attachment “C”) provides a Parking Demand Analysis based on the number of medical providers and the number of scheduled clients to be seen during regular business hours. The analysis considers patient overlap during peak treatment times. Patients typically arrive early to appointments while other patients are still receiving treatment. Due to the nature of the medical use to treat pain and injury, consideration of patient overlap is deemed appropriate and reflects parking demand for the Applicant’s medical use. It is further noted that the proposed development is adjacent to residential neighborhoods and there are no opportunities for shared parking, nor are there transit services available at this time. Consequently, staff recommends the evidence submitted into the record adequately justifies the need for increased parking and that no other reasonable alternative exists for the proposed increase to the maximum allowable parking. 2. Traffic Impacts. In accordance with CPMC 17.05.900(A)(2), a Traffic Impact Analysis (TIA) is required for nonresidential developments that increase traffic volume by 250 average daily trips (ADT) or more, or that result in safety or operation concerns along City, County or State roadways. As noted in the Public Works Department Staff Report (Attachment “D”), the proposed development is not expected to generate trips beyond the threshold for a TIA. However, the Project Site is located at the intersection of Biddle Road and Table Rock Road, two (2) County Major Arterial streets. The TIA was required to assess the impact of the proposed development on Biddle Road. Comment: The Applicant submitted a TIA that examines trip generation for the proposed development to determine the effects on adjacent streets with current and future traffic volumes (Attachment “C”). The findings of the TIA conclude that the proposed medical office will not create adverse impacts on the transportation system. As noted in the Jackson County Roads Department Staff Report and supplemental comments (Attachment “H-1” & “H-2”), improvements are necessary along Biddle Road at the intersection with the proposed public street. Future development on the remaining acreage will require additional traffic analysis. Staff is recommending Condition 1(d) to address Jackson County requirements for access to the County road right-of-way along Biddle Road. 7.A Packet Pg. 6 8.A.a Packet Pg. 145 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 3. Construction Timing. In accordance with CPMC 16.12.070, the final plat for the concurrent tentative partition application must be approved by the City and recorded by the County prior to building permit issuance. If roadway improvements are not built, the applicant may enter into a development agreement with the City and bond for the improvements as necessary to obtain final plat approval. Comment: At this time, the Applicant’s construction timing is unknown. This issue is being identified to clarify the applicable requirements for deferred public improvements as part of the concurrent land division application relative to issuance of building permits and Public Works Final Inspection/Certificate of Occupancy for Site Plan and Architectural Review. Staff is recommending Conditions 1(a) and 2(a) to address the requirements in the event final plat is not recorded prior to building permit issuance. 4. Public Comments. The City received six (6) written comments on September 5, 2023 prior to the start of the public hearing, including a petition with 26 signatures (Attachments “I” - “N”). After the public hearing was continued, the City received two (2) additional written comments (Attachments “P” - “R”). All of the written comments are in opposition to approving the Site Plan and Architectural Review. Generally, residents on Orchardview and Ridgeway Avenue are concerned about increased traffic from users of the proposed facility and others aiming to cut through the development and impacts to safety and quality of life. Specifically, the following issues were raised: Land Use: There was a statement that the land for the project site should be zoned Residential Single Family (R-1-6) as originally intended when the Central Point East subdivision was being developed. Comment: The land was planned and zoned for Thoroughfare Commercial at the time the Central Point East subdivision was being developed. Central Point records indicate that no applications have been filed to amend the land use and zoning from commercial to residential. Street Connectivity: Several opponents provided testimony opposing the connection of “Urgent Care Avenue” with Orchardview and Ridgeway Avenue based on concerns about increased traffic flow, reduced safety, decreased quality of life and potential impacts to property resale potential. Suggestions were provided by opponents to prevent the connection and utilize the existing right-of-way with access on Biddle Road and Table Rock Road, to allow connectivity but prevent through traffic through use of bollards or flexible deflectors or “Do Not Enter” signs. Questions were asked about whether allowing egress for residential streets would be feasible. Comment: There is an existing right-of-way owned by Jackson County that abuts the existing right-of-way for Orchardview and Ridgeway Avenue. At the time the Central Point East subdivision was developed, these streets were designed for future connectivity; they were not designed with a cul-de-sac (which is generally discouraged under Public Works Standards) nor a bulb or hammerhead fire turnaround (which under the standards are typically intended as temporary) similar to other dead-end streets in the subdivision as noted in the supplemental Public Works memo (Attachment “S”). The City’s requirement to connect the streets is consistent with the Public Works Standards for street design and construction, as well as the Fire Code. Public Works 7.A Packet Pg. 7 8.A.a Packet Pg. 146 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Standard 120.00.01 contemplates that “street improvements will be extended to the boundaries of the development for future extensions to the adjoining areas.” Street right-of-way dedication, construction and connections were required per Planning Commission Resolution No. 912 (PAR 23001). However, opponents have requested either: · Street intersections remain open but with “Do Not Enter” or” Local Access Only” signage; or, · By deviating from the Public Works Standards for street intersection construction and physically limiting access through use of landscaping, flexible deflectors or other hardscape features. The purpose of the above would be to limit travel from “Urgent Care Avenue” onto adjacent residential streets. When contemplating conditions of approval, the Planning Commission is required to consider whether there is substantial evidence in the record to support such a condition. Further with respect to exactions, the Planning Commission must find there is substantial evidence submitted into the record to justify the condition based on two (2) tests: 1) that there is a rational nexus between the development proposal and the condition; and 2) that the condition is proportional to the impact by the development. Evidence submitted into the record regarding potential impacts to the neighboring Central Point East is limited to the TIA (Attachment “C”), which states that traffic using Ridgeway and Orchardview Avenue will account for less than 5% of total trips generated by the proposed 3,200 square foot medical office/urgent care facility. The TIA has been reviewed by both Public Works and engineers at Jackson County Roads and has been accepted by both agencies. Other evidence suggesting the development will increase traffic flow into the surrounding neighborhood and result in safety concerns is anecdotal and not based on any traffic counts or expert analysis negating the findings of the TIA. Consequently, staff does not believe there is substantial evidence in the record to justify limiting access to Orchardview and Ridgeway, nor a rational nexus between the proposed urgent care use and a condition of approval requiring the Applicant to limit the connectivity with signage or constructing hardscape features. As such, staff does not recommend that the Planning Commission impose a condition of approval limiting connectivity to Orchardview Avenue or Ridgeway. Rather, the question of traffic flow and connectivity is a broader issue that is more in the realm of policy, as any deviation in the Public Works Standards to limit street access could impact public safety and has the potential to set precedent for other areas in the City. To address neighborhood concerns, the Public Works Department proposes that the full connection be provided consistent with the Public Works Standards for street intersections with two-way travel. As soon as the urgent care facility opens, Public Works is willing to study the intersection for sixty (60) days and will present the results to the City Council for feedback and direction at an advertised public meeting. At that time, if the Council supports a deviation from Public Works Standards, it could authorize staff to implement other temporary means of addressing traffic. This would be based on the Public Works Department’s authority to manage rights-of-way under its jurisdiction, rather than land use conditions of approval. 7.A Packet Pg. 8 8.A.a Packet Pg. 147 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Clarification on FD3 9/5/2023 Comments: A letter was submitted into the record requesting clarification on FD3 comments made during the public hearing on September 5, 2023. This included questions to understand Fire Code requirements relative to application (Attachments “Q” and “R”). Comment: FD3’s stated concern is assuring that emergency evacuation is not delayed during a fire event due to limited egress. There are many options available; however, the decision to approve, approve with conditions or deny the application rests with the Planning Commission based on demonstrated conformance with the criteria for the zoning district and CPMC 17.72, Site Plan and Architectural Review. Findings of Fact & Conclusions of Law The Planning Commission can approve, approve with conditions or deny the application based on findings set forth in CPMC 17.72.040. The Site Plan and Architectural Review criteria are addressed in the Applicant’s Findings dated July 10, 2023, July 22, 2023 and August 23, 2023 (Attachments “B-1,” “B-2” and “B-3”) and the Planning Department Supplemental Findings set forth below. Where there is a conflict between the Applicant’s Findings and the Planning Department Findings, the latter shall apply. CPMC 17.72.040, Site Plan and Architectural Standards In approving, conditionally approving, or denying any site plan and architectural review application, the approving authority shall base its decision on compliance with the following standards: A. Applicable site plan, landscaping, and architectural design standards as set forth in Chapter 17.75, Design and Development Standards; Finding CPMC 17.72.040(A): Based on the Applicant’s Findings in Attachments “B-1” through “B-3” and the Planning Department Supplemental Findings for CPMC 17.75.031(A), CPMC 17.75.039(G)(1-3), the proposed site plan, landscaping and architectural standards can comply as conditioned. Conclusion CPMC 17.72.040(A): Complies as conditioned. B. City of Central Point Department of Public Works Department Standard Specifications and Uniform Standard Details for Public Works Construction; Finding CPMC 17.72.040(B): As demonstrated in the Traffic Impact Analysis (Attachment “C”), the Public Works Staff Report dated August 23, 2023 (Attachment “D”) and the Public Works Memorandum dated October 31, 2023 (Attachment “S”), the proposed site development and public infrastructure including the street connectivity is consistent with the Public Works Standard Specifications as conditioned. The conditions assure that civil improvement design, construction timing and implementation remains consistent with the Public Works Standards until the project receives final inspection by Public Works and Certificate of Occupancy. Conclusion CPMC 17.72.040(B): Complies as conditioned. C. Accessibility and sufficiency of fire-fighting facilities to such a standard as to provide for the reasonable safety of life, limb and property, including, but not limited to, suitable gates, access roads and fire lanes so that all buildings on the premises are accessible to fire apparatus. 7.A Packet Pg. 9 8.A.a Packet Pg. 148 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Finding CPMC 17.72.040(C): As evidenced by FD3’s email dated August 24, 2023 (Attachment “E”) and expert testimony, the proposed site development provides adequate fire access and water supply. As conditioned, the Applicant will be required to install a fire hydrant if the building is sprinklered and the location of the Fire Department Connection (FDC) must be clearly identified on building plans. These conditions shall be administered through the building permit process. The final comment to provide connectivity via Orchardview and Ridgeway Avenue was suggested to more quickly and safely evacuate the neighborhood. The street connections were approved by Planning Commission Resolution No. 912 and the Public Works Department Memo (Attachment “S”) demonstrates that this is consistent with the City’s standards for street construction as set forth in the Public Works Standard Specifications. Conclusion CPMC 17.72.040(C): Complies as conditioned. CPMC 17.75.031 Findings and Conclusions A. Streets and Utilities. The public street and utility standards set forth in the City of Central Point Department of Public Works Standard Specifications and Uniform Standard Details for Public Works Construction shall apply to all development within the city. Finding CPMC 17.75.031(A): The development includes construction of a proposed street that will provide access to the site from Biddle Road. The proposed street is considered a Local Access street and is required to comply with the Public Works Standard Specifications for street construction. As noted in the Public Works Department Staff Report, the street must be constructed with 25-foot paved width curb-to-curb, landscape row and 5-foot sidewalk on the east side and a landscape row on the west side. Street trees are also required on both sides of the street. Staff recommends a condition of approval requiring the applicant to construct the proposed street to City of Central Point Standard Specifications. Conclusion CPMC 17.75.031(A): Complies as conditioned. CPMC 17.75.039 Findings and Conditions G. Parking/Loading Facility Landscaping and Screening. Parking lot landscaping shall be used to reinforce pedestrian and vehicular circulation, including parking lot entries, pedestrian accessways, and parking aisles. To achieve this objective the following minimum standards shall apply; however, additional landscaping may be recommended during the site plan and architectural review process (Chapter 17.72). All parking lots shall be landscaped in accordance with the following standards: TABLE 17.75.03 PARKING/LOADING FACILITY PERIMETER AND STREET FRONTAGE LANDSCAPING STANDARDS Street Frontage Min. Planting Area Width Plants Required per 100 Lineal Ft. of Street Frontage Trees Shrubs Arterial/Collector 15 ft. 4 20 Local 10 ft. 3 15 Perimeter (Abutting) Land Use Plants Required per 100 Lineal Ft. of Abutting Property Residential 20 ft. 4 20 Commercial 10 ft. 3 15 Industrial 5 ft. 2 10 7.A Packet Pg. 10 8.A.a Packet Pg. 149 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 1. Perimeter and Street Frontage Landscaping Requirements. The perimeter and street frontage for all parking facilities shall be landscaped according to the standards set forth in Table 17.75.03. Finding CPMC 17.75.039(G)(1): The perimeter and street frontage landscape for all parking facilities shall be landscaped according to the standards set forth in Table 17.75.03. Biddle Road is classified as a Minor Arterial and requires a minimum planting area width of 15-feet and 2 trees. The proposed street is considered a Local street and requires a minimum planting area width of 10-feet and 4 trees. The Landscape Plan (Attachment “A-4”) depicts a frontage planting area along Biddle Road that narrows to approximately 11-feet at the western most property boundary with 2 trees and a frontage planting width along the proposed public street of 10-feet with 4 trees. Staff recommends a Condition of Approval requiring a revised landscape plan demonstrating compliance with Table 17.75.03, incorporating a minimum 15-foot wide frontage planting area along Biddle Road. Conclusion CPMC 17.75.039(G)(1): Complies as conditioned. 2. Terminal and Interior Islands. For parking lots in excess of ten spaces all rows of parking spaces must provide terminal a minimum of six feet in width to protect parked vehicles, provide visibility, confine traffic to aisles and driveways, and provide a minimum of five feet of space for landscaping. In addition, when ten or more vehicles would be parked side-by-side in an abutting configuration, interior landscaped islands a minimum of eight feet wide must be located within the parking row. For parking lots greater than fifty parking spaces, the location of interior landscape island shall be allowed to be consolidated for planting of large stands of trees to break up the scale of the parking lot. The number of trees required in the interior landscape area shall be dependent upon the location of the parking lot in relation to the building and public right-of-way: a. Where the parking lot is located between the building and the public right-of-way, one tree for every four spaces; b. Where the parking lot is located to the side of the building and partially abuts the public right-of-way, one tree for every six spaces; c. Where the parking lot is located behind the building and is not visible from the public right-of-way, one tree for every eight spaces. Findings CPMC 17.75.039(G)(2): The Site Plan depicts 25 parking spaces as part of the proposed development, located between the building and the public right-of-way of the proposed street. Terminal landscape islands are provided throughout the site, except in the northwest and southeast corners of the parking area. The northern parking row exceeds 10 spaces and incorporates an interior landscape island. The Landscape Plan depicts all landscaping proposed for the site, including along street frontages, parking perimeters, interior parking landscape, street trees, stormwater management areas and areas adjacent to the proposed building. As noted in the Findings above, and conditioned in the Staff Report, additional landscaping is required for street trees and street frontage landscape areas, increasing the total landscape area on site. Based on conditions of approval and review of the landscape plan, staff 7.A Packet Pg. 11 8.A.a Packet Pg. 150 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) recommends approval of the Landscape Plan as conditioned. Conclusions CPMC 17.75.039(G)(2): Complies as conditioned. 3. Bioswales. The use of bioswales within parking lots is encouraged and may be located within landscape areas subject to site plan and architectural review. The tree planting standards may be reduced in areas dedicated to bioswales subject to site plan and architectural review. Findings CPMC 17.75.039(G)(3): Bioswales are not proposed in the parking area landscape. Conclusion CPMC 17.75.039(G)(3): Not applicable. Summary Conclusion: The Site Plan and Architectural Review application to develop 0.62 acres at 4404 Biddle Road with a 3,200 square foot medical office/urgent care facility has been reviewed against the applicable approval criteria in CPMC 17.72.040 for the C-5 zone and found to comply as conditioned based on the Applicant’s Findings of Fact in Attachments “B-1”, “B-2” and “B-3”, the Planning Department Supplemental Findings presented in this Staff Report dated November 7, 2023 and Attachments “A-1”, “A-2”, “A-3”, “A-4”, “C”, “D”, “E”, “F”, “H-1”, “H-2” and “S”. It is emphasized that if there is any conflict between the Applicant’s Findings and the Planning Department Supplemental Findings, the Planning Department Supplemental Findings shall apply. Recommended Conditions of Approval 1. Prior to building permit issuance for the medical office building, the applicant shall satisfy the following conditions of approval: a. Provide a recorded copy of the Final Plat for PAR-23001 to the Planning Department. If the Applicant does not construct required infrastructure improvements associated with PAR-23001, a copy of a fully executed development agreement and bond for the improvements shall be provided to the City in accordance with CPMC 16.12.070 and CPMC 16.12.080; b. Submit revised landscape plan that depicts a 15-foot wide landscape area between the parking area and the property line along the Biddle Road frontage and landscape row and street trees along the west side of the proposed public street.; c. Demonstrate compliance with the Public Works Department Staff Report (Attachment “D”), and Supplemental Public Works Memo (Attachment “S”) including: i. Submit and receive approval for Civil Improvement Plans demonstrating compliance with Public Works Department Standard Specifications for public works construction that includes, but is not limited to, the proposed Local Access public street, sidewalks, utilities, and the protection of public infrastructure. ii. Submit and receive approval for a stormwater management plan for the 7.A Packet Pg. 12 8.A.a Packet Pg. 151 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) expanded parking lot demonstrating compliance with the MS4 Phase II stormwater quality standards. iii Submit and receive approval for an erosion and sediment control permit (NPDES-1200CN). iv. Pay all System Development Charges and permit fees. d. Demonstrate compliance with the Jackson County Roads Department Staff Report and supplemental comments (Attachment “H-1” & “H-2”), including: i. Submit and receive approval for construction plans demonstrating compliance with the “Standards and Specifications for County Roads” for public works within the County Roads right-of-way, including but not limited to median improvements along Biddle Road. ii. Submit and receive approval for a stormwater management plan for any drainage facilities directed to Jackson County stormwater facilities. 2. Prior to Public Works Final Inspection, the applicant shall demonstrate compliance with the following: a. Complete public infrastructure and civil improvements per Civil Improvement Plans approved by the Public Works Department and a fully executed development agreement and bond, if applicable. The Engineer-of-Record shall certify that all improvements were constructed per the approved plans. b. Complete public infrastructure and civil improvements per construction plans approved by the Jackson County Roads Department. c. Complete stormwater management improvements per the Stormwater Management Plan approved by the Public Works Department. The Engineer-of- Record shall certify that the construction of the drainage system was constructed per the approved plans. d. Record an operations and maintenance agreement for all new stormwater quality features. 3. Any modifications to the site layout, including but not limited to stormwater quality treatment facility type and location, shall be subject to review in accordance with CPMC 17.09, Modifications to Approved Plans and Conditions of Approval. Attachments Attachment “A-1” - Master Site Plan Attachment “A-2” - Landscape Plan Attachment “A-3” - Tentative Partition Plan Attachment “A-4” - Building Elevations Attachment “B-1” - Applicant’s Findings, dated 07/10/2023 Attachment “B-2” - Applicant’s Findings, dated 07/22/2023 Attachment “B-3” - Applicant’s Findings, dated 08/23/2023 Attachment “C” - Traffic Impact Analysis Attachment “D” - Public Works Department Staff Report, dated 08/23/2023 7.A Packet Pg. 13 8.A.a Packet Pg. 152 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Attachment “E” - Fire District No. 3 Staff Report, dated 08/24/2023 Attachment “F” - Rogue Valley Sewer Services Staff Report, dated 08/17/2023 Attachment “G” - Resolution No. 913 Attachment “H-1” - Jackson County Roads Staff Report, dated 08/17/2023 Attachment “H-2” - Jackson County Roads Supplemental Comments, dated 09/01/2023 Attachment “I” - Aaron Ott Email, dated 9/5/2023 (Includes Neighborhood Petition) Attachment “J” - Wendy Williams Email, dated 9/5/2023 Attachment “K” - John and Helen Hardman Email with City Response, dated 9/5/2023 Attachment “L” - Todd and Josephine Burns Letter, undated Attachment “M” - Keli Holston Email, dated 9/5/2023 Attachment “N” - Julie Sorensen Email, dated 9/5/2023 Attachment “O” - Daniel Harris (Applicant) and City Correspondence dated 9/26/2023 Attachment “P” - Sue Meyers Email, dated 9/28/2023 Attachment “Q” - Aaron Ott and FD3 Email Correspondence, dated 9/28/2023 Attachment “R” - Aaron Ott and City Email Correspondence, dated 9/28/2023 Attachment “S” - Public Works Memorandum dated 9/11/2023 Action Open a public hearing and consider the proposed Site Plan & Architectural Review application and 1) approve; 2) approve with revisions; or 3) deny the application. Recommendation Approve Resolution No. 913, a Resolution recommending approval of the Site Plan & Architectural Review application for the Urgent Medical Care development plan. Recommended Motion I move to approve Resolution No. 913, a Resolution recommending approval of the Site Plan & Architectural Review application for the Urgent Medical Care development plan per the Staff Report dated November 7, 2023. ATTACHMENTS: 1. Attachments_11-07-2023 7.A Packet Pg. 14 8.A.a Packet Pg. 153 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) ATTACHMENT “A-1” 7.A.a Packet Pg. 15 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 154 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) ATTACHMENT “A-2” 7.A.a Packet Pg. 16 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 155 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) ATTACHMENT “A-3” 7.A.a Packet Pg. 17 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 156 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) ATTACHMENT “A-4” 7.A.a Packet Pg. 18 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 157 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Attachment “A-4” 7.A.a Packet Pg. 19 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 158 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Findings of Fact Site Plan and Architectural Review OR Central Point – Biddle Urgent Care 7/10/2023 dh/DH 17.75.042 Commercial building design standards. A. Building Massing, Articulation, Transparency, and Entrances 1. The building utilizes a raised parapet for signage which breaks up the roof line 2. Façade Articulation (2) South Façade: a. The façade of the building provides articulation with the two columns and projecting parapet projecting about 3 feet spanning 23 ft b. There are multiple materials being used including, stone, Hardie siding, and glazings West Façade: a. The façade of the building provides articulation with a parapet raised 2.5 ft for 28 feet b. There are multiple materials being used including, 2 colors of Hardie siding, and glazing North Façade: a. The façade of the building provides articulation with a parapet raised 2.5 ft for 20 feet b. There are multiple colors of material being used. 3. Pedestrian Entrances (3) a. b. Projected columns and signage area create a prominent entrance along with awnings to provide additional architectural elements c. Seating can be provided outside the front doors d. Exterior wall sconce lighting is present e. f. 4. Transparency a. Total façade wall face up to 12 ft tall is 595 sqft. Window coverage of this 595 sqft wall area is 239 sqft which is 40%. b. n/a c. n/a d. n/a e. Walls without 40% Transparency (3) i. ii. iii. iv. Cornice present along roof line of all walls v. Awnings a re present on all walls vi. vii. viii. ix. Vertical articulation present 7.A.a Packet Pg. 20 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 159 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Findings of Fact Site Plan and Architectural Review OR Central Point – Biddle Urgent Care 7/10/2023 dh/DH x. Lighting fixtures present xi. xii. 5. Wall Faces a. Façade Wall Face (2) i. Columns provide changes in depth of at least 24 inches ii. Changes of material, texture, and color are present b. Building Wall Face (3) i. Varying roofline of 2.5 ft ii. iii. iv. v. Awnings are present vi. vii. 12 inch high decorative cornice is present viii. c. Other Wall Faces 6. Screenings of Service Areas and Rooftop Equipment a. Service Areas i. Wood enclosure will comply ii. Plantings have been placed around the enclosure b. Rooftop Equipment i. Parapet walls are present ii. n/a 7.A.a Packet Pg. 21 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 160 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Findings of Fact Site Plan and Architectural Review OR Central Point – Biddle Urgent Care 7/10/2023 dh/DH 17.75.042 Commercial building design standards. A. Building Massing, Articulation, Transparency, and Entrances 1. The building utilizes a raised parapet for signage which breaks up the roof line 2. Façade Articulation (2) South Façade: a. The façade of the building provides articulation with the two columns and projecting parapet projecting about 3 feet spanning 23 ft b. There are multiple materials being used including, stone, Hardie siding, and glazings West Façade: a. The façade of the building provides articulation with a parapet raised 2.5 ft for 28 feet b. There are multiple materials being used including, 2 colors of Hardie siding, and glazing North Façade: a. The façade of the building provides articulation with a parapet raised 2.5 ft for 20 feet b. There are multiple colors of material being used. 3. Pedestrian Entrances (3) a. b. Projected columns and signage area create a prominent entrance along with awnings to provide additional architectural elements c. Seating can be provided outside the front doors d. Exterior wall sconce lighting is present e. f. 4. Transparency a. Total façade wall face up to 12 ft tall is 595 sqft. Window coverage of this 595 sqft wall area is 239 sqft which is 40%. b. n/a c. n/a d. n/a e. Walls without 40% Transparency (3) i. ii. iii. iv. Cornice present along roof line of all walls v. Awnings a re present on all walls vi. vii. viii. ix. Vertical articulation present 7.A.a Packet Pg. 22 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 161 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Findings of Fact Site Plan and Architectural Review OR Central Point – Biddle Urgent Care 7/10/2023 dh/DH x. Lighting fixtures present xi. xii. 5. Wall Faces a. Façade Wall Face (2) i. Columns provide changes in depth of at least 24 inches ii. Changes of material, texture, and color are present b. Building Wall Face (3) i. Varying roofline of 2.5 ft ii. iii. iv. v. Awnings are present vi. vii. 12 inch high decorative cornice is present viii. c. Other Wall Faces 6. Screenings of Service Areas and Rooftop Equipment a. Service Areas i. Wood enclosure will comply ii. Plantings have been placed around the enclosure b. Rooftop Equipment i. Parapet walls are present ii. n/a 7.A.a Packet Pg. 23 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 162 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 24 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 163 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 25 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 164 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 26 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 165 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Landscape Findings of Fact Site Plan and Architectural Review OR Central Point – Biddle Urgent Care 8/23/2023 dh/DH This supplemental Findings of Fact is intended to clarify the Landscape Standards Finding of Fact. (CPMC 17.75.039 Part G.) G. Parking/Loading Facility Landscaping and Screening Response: We understand that additional landscaping can be recommended during the site plan and architectural review process 1. Perimeter and Street Frontage Landscaping: Response: Due to the angles of Biddle Rd and the proposed development, the Street Frontage landscaping has a width of about 15 ft to the east and a width of about 11 ft to the west when measured from the ROW line to the northern edge of the front site landscaping. We also intend to include additional plantings within the ROW to supplement the landscape screening. When measuring from the back of sidewalk within the ROW to the northern edge of the front site landscaping, the screening varies between 16.5 ft and 21.5 ft wide. Our frontage along Biddle Road (post ROW dedication) is about 130 ft. We are required to plant 5 trees and 26 shrubs per Table 17.75.03. We are proposing 5 trees and 26 shrubs. We also front the proposed local road to the west and to the North. We have allocated a 10 ft wide planting width along the perimeter of the road in accordance with Table 17.75.03. Our frontage along the proposed local road (post ROW dedication) is about 310 ft. We are required to plant 9 trees and 47 shrubs per Table 17.75.03. We are proposing 9 trees and 49 shrubs. To the west, we abut vacant commercially zoned land. We have allocated a 10 ft wide planting area in accordance with Table 17.75.03. The only exception to the 10 ft wide planting area is where we have stubbed our parking lot for connection to future developments. 2. Terminal and Interior Islands Response: We are providing a total of 25 parking spaces. There is a terminal for each row of parking. The northern row of parking is utilizing the westerly adjacent landscaping as its terminal. The parking banks directly abutting the building does not contain greater than 10 vehicles side by side. The parking bank to the north contains 6 compact stalls and 5 standard stalls for a total of 11 stalls. We have provided an 8 ft wide interior landscape island within the parking row. 7.A.a Packet Pg. 27 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 166 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 28 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 167 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 29 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 168 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 30 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 169 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 31 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 170 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 32 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 171 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 33 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 172 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 34 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 173 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 35 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 174 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 36 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 175 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 37 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 176 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 38 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 177 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 39 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 178 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 40 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 179 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 41 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 180 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 42 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 181 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 43 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 182 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 44 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 183 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 45 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 184 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 46 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 185 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 47 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 186 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 48 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 187 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 49 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 188 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 50 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 189 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 51 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 190 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 52 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 191 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 53 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 192 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 54 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 193 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 55 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 194 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 56 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 195 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 57 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 196 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 58 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 197 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 59 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 198 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 60 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 199 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 61 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 200 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 62 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 201 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 63 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 202 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 64 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 203 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 65 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 204 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 66 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 205 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 67 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 206 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 68 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 207 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 69 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 208 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 70 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 209 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 71 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 210 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 72 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 211 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 73 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 212 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 74 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 213 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 75 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 214 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 76 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 215 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 77 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 216 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 78 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 217 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 79 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 218 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 80 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 219 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 81 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 220 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 82 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 221 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 83 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 222 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 84 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 223 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 85 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 224 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 86 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 225 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 87 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 226 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 88 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 227 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 89 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 228 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 90 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 229 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 91 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 230 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 92 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 231 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 93 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 232 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 94 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 233 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 95 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 234 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 96 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 235 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 97 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 236 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 98 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 237 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 99 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 238 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 140 South 3rd Street  Central Point, OR 97502  541.664.3321  Fax 541.664.6384 PUBLIC WORKS STAFF REPORT August 23, 2023 AGENDA ITEM: A two-lot partition (PAR – 23001) and Site Plan and Architectural Review (SPAR-23002) application to construct a 3,200-square-foot medical clinic and to divide the property into two parcels - 37S 02W 01C, Tax Lot 701. Agent: Daniel Harris Traffic: The proposed development will generate less than 25 peak-hour trips, the threshold for a Traffic Impact Analysis (TIA). However, the project site takes access from two Major County Arterial Streets, Biddle and Table Rock Roads. Given proximity of the site to the intersection of these roads, a TIA was required to assess the safety and operational and functional needs for the proposed site access. The City uses the International Transportation Engineers Manual 10th generation, and based on the studies, this development will generate 11.42 peak-hour trips. For the partition, an existing county public access road currently exists. The applicant shall widen that access road to a new public street. New access is provided via standard city streets and a new right-in/right-out access on Biddle Road. Existing Infrastructure: Water: There are 8-inch water lines in Ridgeway and Orchardview Drive and a 12-inch line on Biddle Road. Streets: The development is served by a Jackson County Arterial on Biddle Road and two city streets, Ridgeway and Orchardview. Stormwater: There are county storm facilities in Biddle Road, a 15-inch line in Orchardview, and a 30-inch line on Ridgeway. Background: This application is for a two (2) parcel partition and medical office adjacent to existing public infrastructure. Issues: The applicant is required to extend public infrastructure to service both parcels, including water and stormwater. This development has an existing county public access road on the west and north sides. The applicant is widening this access to street standards. The proposal includes connecting the new public street to existing streets: Orchardview and Ridgeway Avenue. The existing streets were planned for future extension but have been dead-end streets for approximately twenty years. After conferring with public safety, public works believe the connection of the streets is needed for fire, life, and safety reasons. Conditions of Approval: Prior to the final plat approval, the following conditions shall be satisfied: 1. Public Street– Applicant shall dedicate land to widen the existing public access to City street standards (ST-05), which is 25’ curb to curb with no parking on either side, with landscape row and sidewalk on the east side. A landscape row is required for the west side. Public Works Department Matt Samitore, Director 7.A.a Packet Pg. 100 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 239 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 2. Public Street Connectivity - Applicant shall also construct the proposed Urgent Care Avenue to City Street Standards with the proposed connection to Orchardview and Ridgeway Avenue. Construction shall demonstrate compliance with the Public Works Standard Specifications and Uniform Details for Construction. 3. Public Utility Easement – Applicant shall provide a 10-foot Public Utility Easement (PUE) on the east side of the proposed Urgent Care Avenue. 4. Street Trees Plan - Applicant shall design and implement a planting plan for both the west and east sides of the proposed new street. Prior to the building permit issuance and start of construction, the following conditions shall be satisfied: 1. Stormwater Management. a. NPDES Stormwater Management Plan - The applicant shall submit to Public Works for review and approval a stormwater management plan in accordance with the Rogue Valley Stormwater Quality Design Manual, which requires stormwater quantity and quality treatment of all proposed impervious surfaces proposed as part of the partition and site plan. b. Civil Improvement Plan Review – The applicant shall submit civil improvement plans for stormwater infrastructure construction demonstrating compliance with the approved NPDES Stormwater Management Plan approved in accordance with Condition No. 1(a). c. Erosion and Sediment Control – Construction of required improvements will disturb more than one acre. The applicant shall obtain an erosion and sediment control permit (NPDES 1200-CN) from the Public Works Department. Prior to the Public Works Final Inspection and Certificate of Occupancy, the applicant shall comply with the following conditions of approval: 1. PW Standards and Specifications – Applicant shall demonstrate that all Public Works infrastructure construction is in compliance with the Standards Specifications and Uniform Details for Construction. 2. Stormwater Quality Operations & Maintenance– The Applicant shall record and submit to the Public Works Department an Operations and Maintenance Manual and Declaration of Covenants for Operation and Maintenance of the Stormwater Quality Features as required by the Rogue Valley Stormwater Quality Manual. 3. Public Utility Easements – The proposed partition plat shall include public utility easements paralleling the proposed Urgent Care Avenue. 7.A.a Packet Pg. 101 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 240 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 102 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 241 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) August 17, 2023 City of Central Point Planning Department 155 South Second Street Central Point, Oregon 97502 Re: PAR‐23001 & SPAR‐23002, Urgent Care, Tax Lots 701, Map 37S 2W 01C There are existing 8 inch sewer mains to the west along Orchardview Avenue and to the north along Ridgeway Avenue. Sewer service for the proposed Urgent Care will require a short sewer main extension into the right‐of‐way from either 8 inch main. Sewer construction and service extension will not be a condition of approval for the proposed partition. Rogue Valley Sewer Services requests that approval of this development be subject to the following conditions: 1. The applicant must submit sewer construction drawings to RVSS for review and approval. 2. Sewer connection permits will not be issued until any proposed main is constructed and accepted by RVSS. 3. The applicant must submit architectural plumbing plans to RVSS for the calculation of SDC fees associated with sewer connection permits. 4. The applicant must obtain sewer connection permits from RVSS and pay all related fees. Feel free to call me if you have any questions. Sincerely, Nicholas R Bakke, PE District Engineer 7.A.a Packet Pg. 103 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 242 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Planning Commission Resolution No. 913 (09/05/2023) PLANNING COMMISSION RESOLUTION NO. 913 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A SITE PLAN AND ARCHITECTURAL REVIEW FOR A MEDICAL OFFICE/URGENT CARE FACILITY ON LANDS WITHIN THE THOROUGHFARE COMMERCIAL (C-5) ZONING DISTRICT SUBJECT TO CONDITIONS OF APPROVAL. (File No: SPAR-23002) WHEREAS, the Planning Commission approved Resolution No. 912 on September 5, 2023 approving a tentative plan to partition a 3.19 acre site into two (2) parcels, including dedication and construction of a local access street with access on Biddle Road and connections to Orchardview Avenue and Ridgeway Avenue consistent with the Public Works Standards Specification (PAR-23001); and, WHEREAS, the Applicant has submitted a site plan and architectural review application that includes constructing site access, building, and circulation, parking lot and landscape improvements on Proposed Parcel 1, a 0.62 acre within the Thoroughfare Commercial (C-5) zoning district, identified on the Jackson County Assessor’s map as 37S 2W 1C, Tax Lots 701, Central Point, Oregon; and WHEREAS, the Planning Commission’s consideration of the application is based on the standards and criteria applicable to Site Plan and Architectural Review in accordance with Section 17.72, which includes the Design and Development Standards set forth in CPMC 17.75, the Public Works Standard Specifications and Uniform Details for Public Works Construction, and accessibility and sufficiency of fire fighting facilities to such a standard as to provide for the reasonable safety of life, limb and property; and WHEREAS, on September 5, 2023, October 3, 2023 and November 7, 2023, at a duly noticed public hearing, the City of Central Point Planning Commission considered the Applicant’s request for Site Plan and Architectural Review approval, at which time it reviewed the Staff Report and heard testimony and comments on the application. NOW, THEREFORE, BE IT RESOLVED that the City of Central Point Planning Commission by Resolution No. 913 does hereby approve the Site Plan and Architectural Review application for the medical office/urgent care facility, based on the findings and conditions of approval as set forth in Exhibit “A,” the Planning Department Staff Report dated November 7, 2023, including attachments “A-1”, “A-2”, “A-3”, “A-4”, “B-1”, “B-2”, “B-3”, “C”, “D”, “E”, “F”, “H-1”, “H-2” and “S”. incorporated by reference. PASSED by the Planning Commission and signed by me in authentication of its passage this 5th day of September, 2023. __________________________________ Planning Commission Chair ATTEST: _______________________________ City Representative 7.A.a Packet Pg. 104 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 243 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 105 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 244 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 106 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 245 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 107 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 246 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 108 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 247 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 109 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 248 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 110 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 249 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 111 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 250 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 112 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 251 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 113 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 252 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 114 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 253 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 115 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 254 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 116 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 255 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 117 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 256 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 118 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 257 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 119 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 258 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 120 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 259 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 121 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 260 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 122 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 261 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 123 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 262 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 124 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 263 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 125 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 264 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 126 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 265 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 127 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 266 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 128 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 267 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 129 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 268 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 130 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 269 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 7.A.a Packet Pg. 131 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 270 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 140 South Third Street • Central Point, OR 97502 • 541.664.3321 • Fax 541.664.6384 Parks & Public Works Department MEMORANDUM TO: PLANNING COMMISSION FROM: MATT SAMITORE SUBJECT: LOCAL ACCESS FOR PROPOSED DEVELOPMENT DATE: 10/31/2023 The Public Works Department has revisited the access standards for the proposed medical clinic at 4044 Biddle Road following the Planning Commission meeting on September 5, 2023. A series of questions were raised regarding traffic generated from the proposed site, cut-through traffic, and emergency access. Public Works has reviewed these questions with the City engineer. 1. Question of traffic generated from the proposed development - Our Engineer has reviewed the proposed traffic analysis, and we concur with the TIA submitted by the Applicant that the amount of offsite traffic generated from the proposed clinic is less than ten vehicles during peak hours. Most movements will be at the new proposed intersection on Biddle Road. 2. Original Intent of Streets – Both Ridgeway and Orchardview were designed for future extension when Central Point East was developed. If these streets had been intended to remain dead-end streets, they would have been required to be designed for a cul-de-sac or fire turnaround per Section 320.10.29 of the Central Point Public Works Standards and Specifications. Neither street was developed to that standard. 3. Cut through traffic – There is no evidence in the record to support a finding that a significant shift in traffic would occur by residents of Central Point East to change their traffic patterns to utilize the new limited access. 4. Emergency Access – Public Works agrees that full access is the best way to accommodate emergency access and continue transportation planning in the City. Ridgeway and Orchardview are standard city streets with a curb-to-curb width of 36 feet. Linking them to the proposed street is consistent with the City's transportation planning and Public Works Standards. There was a lot of concern expressed about traffic coming into the neighborhood. At this time, the Public Works Department recommends standard connectivity, as provided above. However, per section 320.000.000 of the City's Public Works Standards and Specifications, the Public Works Department has authority to manage its rights of ways. As the managing agency of the City’s streets, Public Works would be willing to conduct a review of traffic 60 days post-clinic opening. The analysis would determine if access restrictions/traffic calming are needed. The results and recommendations would be presented to the City Council for a discussion item. If the Public Works Department finds that temporary traffic calming devices or restrictions are necessary, it may recommend a deviation to the Standards to Council at that time. If Council is in support of such a deviation, the City may proceed with implementing those measures at that time. Parks & Public Works Department Matt Samitore, Director 7.A.a Packet Pg. 132 At t a c h m e n t : A t t a c h m e n t s _ 1 1 - 0 7 - 2 0 2 3 ( 1 7 5 9 : P u b l i c H e a r i n g M e d i c a l O f f i c e B u i l d i n g - F i l e N o . S P A R - 2 3 0 0 2 ) 8.A.a Packet Pg. 271 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) 8.A.a Packet Pg. 272 At t a c h m e n t : A p p e a l R e p o r t ( S P A R - 2 3 0 0 2 ) ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Res. No.___________; January 11, 2024 Page 1 RESOLUTION NO. _______ A RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION IN FILE NO. SPAR – 23002 – SITE PLAN AND ARCHITECTURAL REVIEW FOR A MEDICAL OFFICE/URGENT CARE FACILITY ON LANDS WITHIN THE THOROUGHFARE COMMERCIAL (C-5) ZONING DISTRICT RECITALS: WHEREAS, the Planning Commission approved Resolution No. 912 on September 5, 2023 approving a tentative plan to partition a 3.19 acre site into two (2) parcels, including dedication and construction of Urgent Care Avenue with access to Biddle Road and connections to Orchardview Avenue and Ridgeway Avenue consistent with the Public Works Standards Specification (PAR-23001); and, WHEREAS, the Applicant submitted a site plan and architectural review application for a medical office/urgent care building that included specifications for site access, building design, circulation, parking lot, and landscape improvements on Proposed Parcel 1, a 0.62 acre parcel within the Thoroughfare Commercial (C-5) zoning district, identified on the Jackson County Assessor’s map as 37S 2W 1C, Tax Lots 701, Central Point, Oregon; and WHEREAS, on September 5, 2023, October 5, 2023 and November 7, 2023, the Planning Commission held a duly noticed public hearing, at which time it heard testimony on the application. Following deliberations, the Planning Commission conditionally approved Resolution No. 913 (SPAR-23002). WHEREAS, on November 21, 2023, the applicant 814 Services, LLC appealed to the City Council the Planning Commission decision and the appeal was duly noticed for the meeting of January 11, 2024. WHEREAS, the appeal was heard “on the record” as required by Central Point Municipal Code 17.05.550.B on January 11, 2024, at which time the City Council reviewed the record and applicable criteria, heard legal arguments, and voted to affirm the Planning Commission’s decision; now therefore, The City of Central Point resolves: Section 1. The City Council hereby affirms the Planning Commission’s decision to conditionally approve the site plan application SPAC-23002. Section 2. This decision is based upon the entire record, and the City Council hereby approves and adopts the Findings and Conclusions approved by the Planning Commission, incorporated herein by reference, the Planning Staff Report dated 8.A.b Packet Pg. 273 At t a c h m e n t : R e s o A f f i r m i n g P C D e c i s i o n ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Res. No.___________; January 11, 2024 Page 2 November 7, 2023 including attachments “A-1”, “A-2”, “A-3”, “A-4”, “B-1”, “B-2”, “B-3”, “C”, “D”, “E”, “F”, “H-1”, “H-2”, and “S” incorporated herein by reference, and the Appeal Report dated January 11, 2024, incorporated herein by reference. Section 3. This Resolution shall become effective immediately upon its passage by the Council and approval by the Mayor. Passed by the Council and signed by me in authentication of its passage this _____ day of January, 2024. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 8.A.b Packet Pg. 274 At t a c h m e n t : R e s o A f f i r m i n g P C D e c i s i o n ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Res. No.___________; January 11, 2024 Page 1 RESOLUTION NO. _______ A RESOLUTION MODIFYING THE PLANNING COMMISSION’S DECISION IN FILE NO. SPAR – 23002 – SITE PLAN AND ARCHITECTURAL REVIEW FOR A MEDICAL OFFICE/URGENT CARE FACILITY ON LANDS WITHIN THE THOROUGHFARE COMMERCIAL (C-5) ZONING DISTRICT RECITALS: WHEREAS, the Planning Commission approved Resolution No. 912 on September 5, 2023 approving a tentative plan to partition a 3.19 acre site into two (2) parcels, including dedication and construction of Urgent Care Avenue with access to Biddle Road and connections to Orchardview Avenue and Ridgeway Avenue consistent with the Public Works Standards Specification (PAR-23001); and, WHEREAS, the Applicant submitted a site plan and architectural review application for a medical office/urgent care building that included specifications for site access, building design, circulation, parking lot, and landscape improvements on Proposed Parcel 1, a 0.62 acre parcel within the Thoroughfare Commercial (C-5) zoning district, identified on the Jackson County Assessor’s map as 37S 2W 1C, Tax Lots 701, Central Point, Oregon; and WHEREAS, on September 5, 2023, October 5, 2023 and November 7, 2023, the Planning Commission held a duly noticed public hearing, at which time it heard testimony on the application. Following deliberations, the Planning Commission conditionally approved Resolution No. 913 (SPAR-23002). WHEREAS, on November 21, 2023, the applicant 814 Services, LLC appealed to the City Council the Planning Commission decision and the appeal was duly noticed for the meeting of January 11, 2024. WHEREAS, the appeal was heard “on the record” as required by Central Point Municipal Code 17.05.550.B on January 11, 2024, at which time the City Council reviewed the record and applicable criteria, heard legal arguments, and voted to modify the Planning Commission’s decision; now therefore, The City of Central Point resolves: Section 1. The City Council hereby modifies the Planning Commission’s decision to conditionally approve the site plan application SPAR-23002. In particular the City Council hereby approves the site plan application SPAR-23002, with full connectivity to Orchardview Avenue and Ridgeway Avenue. Planning Commission’s condition to allow the existing K-rails on Orchardview Avenue and Ridgeway Avenue to remain in the right- 8.A.c Packet Pg. 275 At t a c h m e n t : R e s o M o d i f y i n g P C D e c i s i o n S P A R 2 3 0 0 2 _ F i n a l ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) Res. No.___________; January 11, 2024 Page 2 of-way during construction until such time the Public Works Department completes an analysis for City Council to consider future connectivity and emergency access is rejected. Section 2. This decision is based upon the entire record, and the City Council hereby approves and adopts the Findings and Conclusions approved by the Planning Commission, incorporated herein by reference, the Planning Staff Report dated November 7, 2023 including attachments “A-1”, “A-2”, “A-3”, “A-4”, “B-1”, “B-2”, “B-3”, “C”, “D”, “E”, “F”, “H-1”, “H-2”, and “S” incorporated herein by reference, and the Appeal Report dated January 11, 2024, incorporated herein by reference. The City Council further finds that the condition imposed by the Planning Commission is superfluous as the Public Work’s Department has authority to regulate the City’s rights of way, and the decision to manage access on City streets is a policy decision of the City rather than a land use decision. Section 3. This Resolution shall become effective immediately upon its passage by the Council and approval by the Mayor. Passed by the Council and signed by me in authentication of its passage this _____ day of January, 2024. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 8.A.c Packet Pg. 276 At t a c h m e n t : R e s o M o d i f y i n g P C D e c i s i o n S P A R 2 3 0 0 2 _ F i n a l ( 1 7 8 1 : L a n d U s e A p p e a l - S P A R 2 3 0 0 2 ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Administration FROM: Chris Clayton, City Manager MEETING DATE: January 11, 2024 SUBJECT: Local City Council Committee and Board Assignments 2024 ACTION REQUIRED: Motion RECOMMENDATION: Approval BACKGROUND INFORMATION: It is time to formalize committee, commission, and board assignments for the upcoming year. This is a chance for Council Members to change their preferences regarding which organization they would like to participate in as a representative of the City of Central Point. Each of these assignments represents an important opportunity for the City of Central Point to exert influence and maintain relations with regional agencies and partners. FINANCIAL ANALYSIS: No fiscal impact. LEGAL ANALYSIS: Not Applicable. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Proactive Government and Citizen Involvement Goal 1- Build strong relationships between government and its citizens. Strategies: a. Initiate effective communication by implementing varied methods to reach as many citizens as possible (e.g. Town Hall meetings, social gatherings, reestablish gathering places (businesses/homes), build upon existing, events, set up kiosks, local newspaper/newsletter/website, marketing/advertising, personal contact); 9.A Packet Pg. 277 b. Collaborate with other governmental agencies, public and private enterprises, pooling resources ( e.g. School District #6, RCC/SOU, Library, Theater, RVCOG, Chamber of Commerce); c. Regularly survey the needs of citizens STAFF RECOMMENDATION: Review and discuss the attached Committee and Board list. RECOMMENDED MOTION: I move to approve the 2024 City Council Committee and Board assignments “as presented” or “as discussed and amended.” ATTACHMENTS: 1. Local Committee Representatives 2024 9.A Packet Pg. 278 Last Revision January 5, 2024 Page 1 City Council Representatives Boards, Commissions, Committees, Foundations 2024 1. RVCOG Board of Directors Meetings, Kelley Johnson 4th Weds, monthly, 11:45 a.m. Contact: 664-6676 ext. 202 2. Jackson County Expo Board, Mayor Williams, 3rd Tuesday each month, 6:00 p.m. Fair Board Room Contact: Helen Funk, 541-774-8270 3. So. Oregon Regional Econ. Dev. Inc. (SOREDI), Taneea Browning 1st Tuesday each month, 3:30 alternating between Medford and G.P Contact: Angie 773-8946 4. School District No. 6 Board Meeting, Melody Thueson 2nd and 4th Tuesday of each month, 7:30 p.m. Location varies Contact: Robin 541-494-6200 6. Medford Water Commission, Hank Williams, Kelley Johnson, Chris Clayton 1st and 3rd Wednesday each month, 12:30 p.m. Lausman Annex. Contact: Medford Water Commission 774-2430 7. Transportation Advocacy Committee (TRADCO), Rob Hernandez 2nd Tuesday each month, 12:00 p.m. Jackson County Contact: Kim Parducci 774-2100 8. Airport Advisory Committee, Rob Hernandez 3rd Monday of each month, Noon at Airport Terminal Contact: Vicki Waltner 541-776-7222 9. Rogue Valley Area Commission on Transportation, (RVACT) Mike Quilty 2nd Tuesday each month, 9:00 a.m. Location varies Contact: Stephanie Thume 423-1368 10. Jackson County Fire District No. 3 Board, Rob Hernandez 3rd Thursday each month, 5:15 p.m. White City Station Contact: 541-826-7100 11. RVTD Board Meetings, Melody Thueson, Taneea Browning Last Wednesday of the month 5:30 p.m. at Medford Court House 12. Visitor Information Center, 4th Thursday each month, 12:00 p.m. Contact: Chamber 664-5301 13. Commission on Access, Diversity, Equity & Inclusion, Kelley Johnson 3rd Tuesday each month 5:00 p.m. Location may vary Contact: Bonnie, HR Director 14. Rogue Valley Sewer Systems, Mike Parsons 9.A.a Packet Pg. 279 At t a c h m e n t : L o c a l C o m m i t t e e R e p r e s e n t a t i v e s 2 0 2 4 ( 1 7 8 3 : L o c a l C i t y C o u n c i l C o m m i t t e e a n d B o a r d a s s i g n m e n t s 2 0 2 4 ) Last Revision January 5, 2024 Page 2 3rd Wednesday each month, 11:30 Lunch 12:00 – 1:30 meeting. 138 W. Vilas Road Contact: Carl Tappert 541-779-4144 15. Central Point Citizens Advisory Committee, Mike Parsons 6:30 p.m. 2nd Tuesday - January, April, July, October (Subject to Change) Contact: Stephanie Holtey 541-664-3321 ext 244 16. Parks and Recreation Commission, Mike Parsons Quarterly, Council Chambers Contact: Dave Jacobs 541-423-1042 17. Parks and Recreation Foundation, Mike Parsons Meetings vary Contact: Dave Jacobs 541-423-1042 18. Planning Commission, Neil Olsen Meetings 1st Tuesday of the month, Contact: Karin Skelton 541-664-3321 ext 292 19. Jackson County Local Public Policy Coordinating Council, Mike Parsons Meeting 4th Tuesday of the month, Contact: Brittany Whitemore 541-774-4990 20. Jackson County Fire District 3 Civil Service Commissioner, Mike Parsons Meeting Quarterly Contact: Marisa Lehnerz 541-831-2739 21. Steering Committee for Community Center, Rob Hernandez TBD on meeting date/time and contact person. 2019 Transportation Representative Mike Quilty appointed on 1/10/2019 1. Metropolitan Planning Organization (RVMPO) Policy Committee, Representative Mike Quilty, Hank Williams, 2. Oregon Rail Leadership Group, 3. Oregon Metropolitan Planning Organization Consortium 4. Oregon Freight Advisory Group 5. Oregon State Transportation Improvement Program Stakeholders Group 6. West Cost Corridor Coalition 7. Rogue Valley Area Commission on Transportation (RVACT) as representative of RVMPO 8. LOC Transportation Policy Committee 9.A.a Packet Pg. 280 At t a c h m e n t : L o c a l C o m m i t t e e R e p r e s e n t a t i v e s 2 0 2 4 ( 1 7 8 3 : L o c a l C i t y C o u n c i l C o m m i t t e e a n d B o a r d a s s i g n m e n t s 2 0 2 4 ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Administration FROM: Chris Clayton, City Manager MEETING DATE: January 11, 2024 SUBJECT: Election of 2024 Council President ACTION REQUIRED: Motion RECOMMENDATION: Not Applicable BACKGROUND INFORMATION: Chapter 3, Section 9, of the City of Central Point Charter, states the following: Council President. At its first meeting each year, the council must elect a president from its membership. The president presides in the absence of the mayor and acts as mayor when the mayor is unable to perform mayoral duties. FINANCIAL ANALYSIS: N/A LEGAL ANALYSIS: N/A COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: N/A STAFF RECOMMENDATION: Staff recommends the City Council discuss, debate, nominate and elect a City Council President for 2024. RECOMMENDED MOTION: I move to approve_____________as the 2024 City of Central Point Council President. 9.B Packet Pg. 281